The Constitution
Chapter 3
The Six Basic Principles
• What are the important elements of the
Constitution?
• What are the six basic principles of the
Constitution?
The Constitution
• The Constitution is the supreme law of the
land.
Constitution
• The Constitution sets out the basic principles
upon which government in the United States
was built.
• The Constitution is a fairly brief document.
• The Constitution is organized into eight
sections: the Preamble and seven articles.
The original document is followed by 27
amendments.
Preamble
• The introduction to the Constitution is called
the Preamble.
• The Preamble begins with the phrase “We the
people…”
• This means that the government is based on
the consent of the people.
Articles of the Constitution
Section
Preamble
Subject
States the purpose of the Constitution
Article I
Legislative branch
Article II
Executive branch
Article III
Judicial branch
Article IV
Relations among the States and with the National
Government
Amending the Constitution
Article V
Article VI
Article VII
National debts, supremacy of national law, and oaths of
office
Ratifying the Constitution
Three of the Basic Principles
• The principle of popular sovereignty asserts that the
people are the source of any and all government
power, and government can exist only with the consent
of the governed.
• The principle of limited government states that
government is restricted in what it may do, and each
individual has rights that government cannot take
away.
• Separation of powers is the principle in which the
executive, legislative, and judicial branches of
government are three independent and coequal
branches of government.
More Basic Principles
• Checks and balances is the system that allows the
legislative, executive, and judicial branches to
check, or restrain, the actions of one another.
• The principle of judicial review consists of the
power of a court to determine the
constitutionality of a governmental action.
• Federalism is a system of government in which the
powers of government are divided between a
central government and several local governments
1. Article II of the Constitution establishes the
powers of the
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(a) executive branch.
(b) legislative branch.
(c) States.
(d) judicial branch.
2. The principle of popular sovereignty asserts
that the
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(a) government should be divided into three branches.
(b) monarch is the supreme ruler.
(c) means of production should be owned by the proletariat.
(d) people are the source of any and all government power.
Formal Amendment
• What are the different ways to formally
amend, or change the wording of the
Constitution?
• How many times has the Constitution been
amended?
• What is the Bill of Rights?
Amendment
• A change in the Constitution
• There have been 27 amendments to the
Constitution
• The first 10 amendments are called the Bill of
Rights
Amending the Constitution
• The Constitution provides for its own
amendment – that is, for changes in its
written words.
• Article V sets out two methods for the
ratification of constitutional amendments,
creating four possible methods of formal
amendment.
Amending the Constitution
• An amendment is a formal revision to the
Constitution, responding to needs of a
changing nation.
• The amendment process provides a way that
the Constitution of the United States can
remain responsive to the needs of a changing
nation.
Amending the Constitution
• Proposing an amendment requires a twothirds vote of both houses of Congress or a
national convention requested by two-thirds
of the state legislatures.
• Ratifying an amendment requires approval by
three-fourths of the state legislatures or
acceptance by conventions in three-fourths of
the states.
Formal Amendment Process
Amendments to the Constitution
Informal Amendment Process
• Informal amendment is the process by which
over time many changes have been made in
the Constitution which have not involved any
changes in its written word.
Informal Amendment Processes
The informal amendment process can take place
by:
(1) the passage of basic legislation by Congress;
(2) actions taken by the President;
(3) key decisions of the Supreme Court;
(4) the activities of political parties; and
(5) custom.
Executive Action and Court Decisions
Executive Action
• Presidential actions have
produced a number of
important informal
amendments, such as the
use of the military under
the power of commander
in chief.
• An executive agreement
is a pact made by the
President directly with
the head of a foreign
state.
Court Decisions
• The nation’s courts, most
importantly the United
States Supreme Court,
interpret and apply the
Constitution in many
cases they hear.
Purposes of Government
• As stated in the Preamble:
– To form a more perfect union
– To establish justice
– To ensure domestic tranquility
– To provide for the common defense
– To promote the general welfare
– To secure the blessings of liberty
Preamble
• To form a more perfect union:
• The goal was to unify the states in commerce,
national security, and currency, so that the
nation can prosper and be safe.
Preamble
• Establish justice:
• The Founders designed the Constitution to "establish
justice," meaning equal justice for all. This principle
assumes the Right for every resident of the United
States to be protected as to life, liberty, and property
and to be presumed innocent until proven guilty in a
court of law.
• Thomas Jefferson reminded us, "When one
undertakes to administer justice, it must be with an
even hand and by rule; what is done for one must be
done for everyone in equal degree“
• http://causeofliberty.blogspot.com/2009/11/establis
h-justice.html
Preamble
• Ensure domestic tranquility:
• One of the concerns of the Framers was that the
government prior to that under the Constitution was
unable, by force or persuasion, to quell rebellion or
quarrels amongst the states. The government watched
in horror as Shay's Rebellion transpired just before the
Convention, and some states had very nearly gone to
war with each other over territory (such as between
Pennsylvania and Connecticut over Wilkes-Barre). One
of the main goals of the Convention, then, was to
ensure the federal government had powers to squash
rebellion and to smooth tensions between states.
Preamble
• Provide for the common defense:
• The government would be responsible for
protecting the states and the people from all
attacks both from without and within.
• This means the government has the ability to
raise and army or call upon the states to provide
a militia. It would mean the government must
do whatever it takes to protect US citizens.
Preamble
• Promote the general welfare:
• the Constitution and powers granted to the federal
government were not to favor special interest groups or
particular classes of people. There were to be no
privileged individuals or groups in society. Neither
minorities nor the majority was to be favored. Rather, the
Constitution would promote the “general welfare” by
ensuring a free society where free, self-responsible
individuals - rich and poor, bankers and shopkeepers,
employers and employees, farmers and blacksmiths would enjoy “life, liberty, and the pursuit of happiness,”
rights expressed in the Declaration of Independence.
• http://www.lawandliberty.org/genwel.htm
General Welfare
• Once the government opens its arms (and bank accounts), it
divides the citizens into two groups: those who receive direct
(personal, individual) benefit from the government, and those
who do not. That is why the founders designed a FEDERAL
system of government that provided only for the “GENERAL”
(meaning- non-specific) WELFARE of the people by confining its
services to things like “national defense” and “interstate
commerce”. It leaves to the states the issues of HOW or WHEN
other services are provided to specific sub-groups. HOWEVER
(This is critical) the new government must represent the BEST
INTERESTS of all the people, which logically means that it MUST
be limited in scope, for the MORE a government undertakes,
the more oppressive it becomes. Government MUST be
ANCHORED in fundamental principles (see lecture notes).
• http://www.lawandliberty.org/genwel.htm
General Welfare
• http://www.lawandliberty.org/genwel.htm
• If you advocate for federal spending on social welfare
programs, you are describing a redistribution of
income (MY income) for the benefit of Specific
individual citizens INSTEAD of (for example) a strong
national defense. Which of those activities is the
government LEGALLY REQUIRED to perform? (hint: Art.
I, Sec. 8, U.S. Constitution.)
• If the Federal government MUST do certain things, and
something is NOT EXPRESSLY STATED in the
constitution as a duty of Federal Government, then
HOW (or WHOM) should any other services be
provided? (Hint: Tenth Amendment)
Preamble
• Secure the blessing of liberty:
• The Constitution was written to limit the
government’s power so that the liberties of
the people would always be protected.
• A smaller government rather than a bigger
one.
Fundamental Principles of the
Constitution
• Consent of the governed:
• People are the only source of governmental
power.
• Limited government:
• The government may do only those things
that the people have given it the power to do.
Fundamental Principles of the
Constitution
• Separation of powers:
• Government is divided into three branches –
the legislative, executive, and judicial
• Checks and balances:
• This is a system whereby each branch of
government exercises some control over the
others.
Fundamental Principles of the
Constitution
• Federalism:
• In this form of government, powers are
divided between the national government and
state governments
• Rule of law:
• The Constitution of the United States is
supreme, and all individuals are accountable
under the law.
Articles Creating three co-equal
branches of the government
• Article I establishes the legislative branch by
setting forth the two houses of Congress to
make laws.
• Article II establishes the executive branch to
carry out the laws passed by Congress.
• Article III creates the United States Supreme
Court and empowers Congress to establish
lower federal courts to interpret the laws.
The Branches of Government
• There are three branches of government:
1. The legislative - which makes the laws
2. The executive - which enforces the laws or
make sure the laws are carried out
3. The judicial - which interprets the laws or
explains the laws and makes sure they are fair
Legislative Branch
• The legislative branch is called Congress and is
made up of two Houses (parts):
The
House of Representatives and the Senate.
The House of Representatives
• States with the largest populations have the
most representatives in the House.
• House members must be at least 25 years old
or older to serve.
• House members are elected to a two year
term.
• There are 435 members in the House of
Representatives.
The Senate
• The Senate is the other part of the Congress
• There are two senators for each state, which
means of course there are 100 Senators.
• Senators must be at least 30 years old.
• Senators are elected to a six year term.
The Executive Branch
• The executive branch is headed by the
president.
• The president is the commander-in-chief of
the armed forces.
The President
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The president is elected to a four year term.
The president can only serve two terms.
The president must be a citizen by birth
The president must be at least 35 years old.
The Judicial Branch
• The Judicial Branch of the federal government
is headed by the Supreme Court.
• Supreme Court justices are nominated by the
president and approved by the Senate.
• There are 9 Supreme Court justices, who are
appointed for life.
Checks and Balances
• The framers of the Constitution established a
system of checks and balances to prevent any
branch government from getting too
powerful.
• Example: Congress has the right to pass bills
into law, but the president can veto them,
which means the bill does not become a law.
Examples
• If the president vetoes a law, the Congress can
override his veto by a 2/3 majority.
• The Supreme Court can say that any law is
unconstitutional. The law no longer exists.
Federalism
• The power of government is also split
between the states and the federal
government.
• This is called Federalism.
• If the Constitution does not have a law, the
states can do what they want.
• State law cannot contradict federal law.
Dual Sovereignty
• Dual Sovereignty means that whatever the
federal government does not make a law
about, the states can act however they
choose.
• That is why there is different state laws
regarding the age of drinking alcohol, driving,
the death penalty, and many more