Essential Question
Section 1: Structure and
Principles
Section 2: Three Branches of
Government
Section 3: Amending the
Constitution
Section 4: The Amendments
Chapter Summary
How do the specific parts of
the Constitution work to
create limited government
and an effective democracy?
Content Vocabulary
• article
• jurisdiction
• separation of
powers
• supremacy clause
• checks and
balances
• amendment
• veto
• popular sovereignty
• judicial review
• federalism
Academic Vocabulary
• principle
• procedure
• dynamic
Reading Strategy
Use a graphic organizer similar to the one below
to list the six major principles of government.
Which branch of the government, as defined
by the Constitution, has the most power to
affect the how the United States is
governed?
B
A
A. A
B. B
C.0%C
0%
0%
C
A. the executive branch
B. the legislative
branch
C. the judicial branch
Structure
• The U.S. Constitution is divided into three
parts: the preamble, seven divisions called
articles, and the amendments.
– The Preamble explains why the constitution
was written and the purpose of government.
– Article I establishes the legislative branch.
• Section 1 creates the Congress.
Structure (cont.)
• Sections 2 and 3 set forth details about
the two houses of Congress: the House
of Representatives and the Senate.
– Article II creates an executive branch to
carry out laws created by Congress.
• Its sections outline the detail of
presidential powers, describe required
presidential qualifications, and provide for
a vice president.
Structure (cont.)
– Article III creates a judicial branch.
• Section I establishes a Supreme Court to
head the judicial branch.
• Section 2 outlines the jurisdiction, or
authority, of the Supreme Court and other
federal courts.
• Section 3 defines treason.
Structure (cont.)
– Article IV explains the relationship of the
states to one another and to the national
government.
– Article V spells out the ways the
Constitution can be amended.
– Article VI contains the supremacy clause,
establishing that the Constitution, laws
passed by Congress, and treaties of the
United States shall be the supreme Law of
the Land.
Structure (cont.)
– Article VII addresses ratification and
declares that the Constitution would take
effect after it was ratified by nine states.
– The Amendments are the changes made
to the Constitution.
Foundations of Personal Liberties
Which part of the Constitution spells out the
process for amending it?
A. Article II
B. Article V
C. the preamble
D. Article VII
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
Major Principles
• The Constitution rests on six major principles
of government:
– Popular sovereignty—rule by the people.
– Federalism—power is divided between
national and state governments.
Major Principles of the Constitution
Major Principles (cont.)
– Separation of powers—limits the central
government by dividing power among the
legislative, executive, and judicial branches.
– Checks and balances—each branch of
government exercises some control over
the others.
• For example, the president can check
Congress by rejecting—
vetoing—its legislation.
System of Checks and Balances
Major Principles (cont.)
– Judicial review—the power of the courts to
say that laws and actions of local, state, or
national governments are invalid when they
conflict with the Constitution.
– Limited government—lists the powers the
government is allowed and the powers that
are prohibited to it.
When the president vetoes Congressional
legislation, which major principle of the
constitution is he exercising?
0%
D
C
A
0%
A. A
B. B
C. C
0%
0%
D. D
B
A. judicial review
B. separation of powers
C. checks and balances
D. popular sovereignty
Content Vocabulary
• expressed powers
• enumerated powers
• elastic clause
• federal bureaucracy
Academic Vocabulary
• concept
• contrast
• initiative
Reading Strategy
Use a graphic organizer similar to the one below
to list the functions of each branch of the federal
government.
Has the gradual expansion of the executive
branch had a positive or negative effect on
constitutional checks and balances?
0%
0%
C
A
0%
A. A
B. B
C. C
B
A. positive
B. negative
C. It has had no effect.
The Legislative Branch
• The Founders limited the powers of Congress
to expressed powers, powers directly stated
in the Constitution.
• Most expressed powers are enumerated
powers, itemized by numbers 1 through 18.
– Five of the enumerated powers deal with
economic matters—the power to:
• levy taxes,
• borrow money,
The Legislative Branch (cont.)
• regulate commerce,
• coin money, and
• punish counterfeiting.
– Seven enumerated powers provide for
defense, including the power to declare
war, raise and support armed forces, and
organize the militia.
The Legislative Branch (cont.)
– Additional enumerated powers give
Congress the power to naturalize citizens
and establish post offices and courts.
– The final enumerated power is the elastic
clause, which lets Congress stretch its
powers to meet situations the Founders
could not anticipate.
The elastic clause states that
0%
C
B
A. A
B. B
C. C0%
0%
A
A. the presidency can
stretch its powers to limit
the power of Congress.
B. Congress can stretch its
powers to rule on judicial
matters.
C. Congress can stretch its
powers to meet
situations the Founders
could not anticipate.
The Executive Branch
• The president is the head of the executive
branch.
• Article II grants the presidency broad and
vague powers.
• Sections 2 and 3 of Article II define the
specific powers of the presidency:
– The president is the commander in chief of
the armed forces and the state militias.
The Executive Branch (cont.)
– With the consent of the Senate, the
president appoints heads of the executive
departments.
– The president can pardon people convicted
of federal crimes, except in cases of
impeachment.
– The president makes treaties with foreign
nations with the Senate’s advice and
consent.
The Executive Branch (cont.)
– With the Senate’s consent, the president
appoints ambassadors, federal court
judges, and other top officials.
– The president delivers an annual State of
the Union message, and other messages,
to Congress from time to time.
– The president calls Congress into special
session when necessary.
– The president meets with heads of state,
ambassadors, and other foreign officials.
The Executive Branch (cont.)
– The president commissions all military
officers of the United States.
– The president ensures that the laws passed
by Congress are “faithfully executed.”
• Unlike early presidents, modern presidents
have a vast federal bureaucracy made up of
all executive branch employees.
Which is a specified power of the executive
branch?
0%
D
0%
C
A
B
C
0%
D
B
A.
B.
C.
0%
D.
A
A. the power to coin money
and levy taxes
B. the power to declare war
C. the power to impeach
justices
D. the power to ensure that
laws passed by Congress
are “faithfully executed”
The Judicial Branch
• The American judiciary is made up of two
different court systems:
– the federal court system whose powers
derive from the Constitution and federal
laws, and
– the courts of the 50 states whose powers
derive from the various state constitutions
and their laws.
The Judicial Branch (cont.)
• Two factors determine federal jurisdiction:
– the subject matter of the case, and
– who is involved in the case.
• Marbury v. Madison established the principle
of judicial review and elevated the Supreme
Court to a status that balanced the legislative
and executive branches.
The Judicial Branch (cont.)
• When ruling on constitutional issues, the
Supreme Court cannot be overturned except
by a constitutional amendment.
• Congress can effectively overturn a Supreme
Court decision on a federal statute by
enacting a new law.
What factors determine federal jurisdiction?
A. subject matter of the
case
B. the year the case was
petitioned
C. the amount of money
involved in the case
D. the year the case was
appealed
0%
A
A.
B.
C.
0%
D.
B
A
B
C0%
D
C
0%
D
Shared Power and Conflict
• The executive branch provides plans for
many of the laws that Congress considers.
• There are several sources of conflict between
the executive and legislative branches,
including:
– the expanding power of the presidency,
– congressional responsibility to monitor how
the executive branch enforces the law, and
– different goals, constituents, and
philosophy of government.
Shared Power and Conflict (cont.)
• Congress can create lower federal courts and
limit the Supreme Court’s jurisdiction.
• Some Supreme Court decisions require
action of the president. In rare cases a
president has refused to enforce the Court’s
decision.
Which represents a potential conflict between
the judicial and legislative branches?
0%
C
B
A. A
B. B
C. C
0%
0%
A
A. the expanding power of
the executive branch
B. the president’s refusal to
enforce a Supreme Court
decisions
C. creating lower federal
courts that limit the
Supreme Court’s power
Content Vocabulary
• ratify
• petition
• balanced budget
• impeach
• treaty
• executive
agreement
• judicial restraint
• judicial activism
Academic Vocabulary
• adapt
• convention
• conduct
Reading Strategy
Complete a graphic organizer similar to the one
below to explain the kinds of presidential acts
that have resulted in changes to the
Constitution.
Is judicial activism a fair and effective use of
judicial power?
A. yes
B. no
A. A
B. B
0%
B
A
0%
The Amendment Process
• The Founders provided for change to the
Constitution with Article 5.
• Constitutional amendments may be proposed
and ratified, or approved, in two ways:
– a two-thirds vote in the House and Senate,
or
– two-thirds of the states
petition, or appeal to,
Congress to call a convention.
Process for Amending the Constitution
The Amendment Process (cont.)
• In the 1980s and early 1990s, 32 state
legislatures petitioned Congress for a
convention to propose a balanced
budget amendment.
Process for Amending the Constitution
The Amendment Process (cont.)
• Congress has two methods for obtaining state
approval when an amendment is proposed:
– The legislatures in three-fourths of the
states can ratify an amendment.
– The states hold special conventions and
need three-fourths of the conventions to
approve it.
Process for Amending the Constitution
The Amendment Process (cont.)
• Congress set a rule that says there is a time
limit—seven years—for states to ratify an
amendment.
Process for Amending the Constitution
According to Congress, how long does a
state have to ratify an amendment?
A. one year
B. two years
C. four years
D. seven years
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
Indirect Ways the Constitution
Changes
• There are two indirect ways to adapt the
Constitution for changing times:
– Changes through law
• For example, Article I gives Congress the
power to “lay and collect taxes” but does
not spell out the practical details.
• Passing tax laws is one way Congress
has expanded the scope of its power.
Indirect Ways the Constitution
Changes (cont.)
– Changes through practices
• For example, Article II says the Congress
may impeach, or accuse, federal officials
and remove them from office, but is
vague on the types of crimes.
• Interpreting Article II is one way Congress
can adapt the Constitution.
How does Article II of the Constitution
expand the executive branch?
0%
D
0%
C
A
B
0%
C
D
B
A.
B.
0%
C.
D.
A
A. by passing tax laws to
collect revenue
B. by creating agencies
C. by creating the Supreme
Court and other federal
courts
D. by allowing ratified
amendments to become law
Informal Presidential Changes
• The actions of presidents have affected the
interpretation of the Constitution.
• Modern presidents often conduct foreign
affairs by executive agreement—
agreements between heads of states—
instead of the treaty process specified in the
Constitution.
Why might a president conduct foreign affairs
through executive agreement rather than employing
a treaty?
0%
D
A
B
C
0%
D
C
A.
B.
C.
0%
D.
B
0%
A
A. An executive agreement
requires House approval.
B. A treaty requires House
approval.
C. An executive agreement
can be made without
Senate approval.
D. A treaty can be made
without Senate approval.
Court Decisions
• Through judicial review, the Supreme Court
plays a key role in interpreting the meaning of
words and phrases in the Constitution.
• Those who support judicial restraint believe
that the Court should avoid taking initiative on
social and political issues.
• Those who support judicial activism believe
that the Court should actively help settle
difficult social and political questions.
Those who believe the Court should actively
help settle difficult social and political
questions support
A. judicial restraint.
B. judicial activism.
A. A
B. B
0%
B
A
0%
Changes Through Custom and Use
• The Constitution can be changed informally
through customs that develop over time.
• Political parties are a good example of a
custom not mentioned in the Constitution that
affects elections and congressional conduct.
How has the U.S. Constitution remained the
law of the land for over 200 years?
B
A
A. A
B. B
C.0%C
0%
0%
C
A. It is rigid and cannot
change.
B. It is flexible and can
change through
custom and practice.
C. It can only change
through revolution.
Content Vocabulary
• incorporation
doctrine
• prior restraint
• probable cause
• search warrant
• arrest warrant
• due process
• eminent domain
• lame duck
• poll tax
Academic Vocabulary
• demonstration
• location
• reverse
Reading Strategy
In a table, categorize the 27 amendments into
the three major groups described in this section.
In your opinion, which First Amendment
protection is most important to U.S.
citizens?
0%
D
0%
C
B
A. A
B. B
C. C
0%
0%
D. D
A
A. freedom of religion
B. freedom of press
C. freedom to assemble
in groups
D. freedom to criticize
the government
The Bill of Rights
• The Bill of Rights protects individual rights by
limiting government power.
• Almost all of the provisions of the Bill of
Rights have been incorporated into the states
via the incorporation doctrine.
• The First Amendment protects the right of
Americans to worship as they please, or to
have no religion at all.
The Bill of Rights
The Bill of Rights (cont.)
• The First Amendment also protects freedom
of speech and freedom of the press.
– The American press is not subject to prior
restraint, meaning government cannot
censor information before it is published or
broadcast.
– Freedom of speech is not unlimited—
there are laws prohibiting slander
and libel.
The Bill of Rights
The Bill of Rights (cont.)
• The Second Amendment ensures citizens and
the nation the right to security.
– Though it seems to support the right to own
firearms, it does not prevent Congress from
regulating the interstate sale of weapons.
• The Third Amendment prohibits the
government from forcing people to
provide shelter for soldiers in their
homes, a British practice before the
Revolution.
The Bill of Rights
The Bill of Rights (cont.)
• The Fourth Amendment limits the
government’s power to conduct searches and
seizures by protecting the right to privacy.
– To be lawful, a search or arrest must be
based on probable cause—a reasonable
basis to believe a person or premises are
linked to a crime.
– A search or an arrest usually requires
a search warrant or arrest warrant.
The Bill of Rights
The Bill of Rights (cont.)
• The Fifth Amendment contains four important
protections for people accused of crimes:
– No one can be tried for a serious crime
unless a grand jury has decided there is
enough evidence to justify a trial.
– A person found innocent may not be tried
again for the same offense.
– No one may be forced to testify
against himself or herself.
The Bill of Rights
The Bill of Rights (cont.)
– No one can be deprived of life, liberty, or
property without due process of the law.
• The Fifth Amendment also defines
government’s right of eminent domain—the
power of government to take private property
for public use.
The Bill of Rights
The Bill of Rights (cont.)
• The Sixth Amendment gives an accused
person several rights, including:
– the right to a speedy, public trial.
– the right to a trial by an impartial jury.
– the right to know the charges against them,
so that they can prepare a defense.
The Bill of Rights
The Bill of Rights (cont.)
• The Seventh Amendment provides for the
right to a jury trial in federal courts to settle all
disputes about property worth more than $20.
• The Eighth Amendment:
– prohibits excessive bail.
– prevents excessive fines.
– bans “cruel and unusual
punishment” for crimes.
The Bill of Rights
The Bill of Rights (cont.)
• The Ninth Amendment states that all other
rights not spelled out in the Constitution are
“retained by the people.”
• The Tenth Amendment states that “powers not
delegated to the United States…nor
prohibited…to the States, are reserved to the
States respectively, or to the people.”
The Bill of Rights
According to the Fourth Amendment, the
government’s power to conduct search and
seizure:
A. must be based on
probably cause.
B. usually requires a
warrant.
C. is not subject to
oversight.
D. A and B
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
Other Amendments
• The Eleventh Amendment prohibits a state
from being sued in federal court by citizens of
another state or of another nation.
• The Twelfth Amendment requires the
Electoral College to use separate ballots in
voting for president and vice president.
• The Thirteenth Amendment
outlaws slavery.
Other Constitutional Amendments
Other Amendments (cont.)
• The Fourteenth Amendment protects the
rights of all citizens by prohibiting a state from
depriving a person of life, liberty or property
without “due process of law.”
• The Fifteenth Amendment prohibits the
government from denying a person’s right to
vote on the basis of race.
Other Constitutional Amendments
Other Amendments (cont.)
• The Sixteenth Amendment gives Congress
the power to levy individual income taxes.
• The Seventeenth Amendment says that the
people, not state legislatures, elect United
States senators directly.
Other Constitutional Amendments
Other Amendments (cont.)
• The Eighteenth Amendment prohibited the
manufacture, sale, or transportation of
alcoholic beverages, concluding a crusade to
abolish the use of liquor that began in the
1830s.
• The Nineteenth Amendment guarantees
women the right to vote.
Other Constitutional Amendments
Other Amendments (cont.)
• The Twentieth Amendment sets new dates for
when the president and vice president are
inaugurated and when Congress begins its
term.
– This prevented long periods of ineffective
outgoing officials, or “lame ducks.”
Other Constitutional Amendments
Other Amendments (cont.)
• The Twenty-first Amendment repeals the
unsuccessful Eighteenth Amendment.
• The Twenty-second Amendment limits
presidents to a maximum of two elected
terms.
Other Constitutional Amendments
Other Amendments (cont.)
• The Twenty-third Amendment gave the
District of Columbia three presidential
electors, the number it would receive if it were
a state.
• The Twenty-fourth Amendment prohibits poll
taxes—taxes that are paid in order to vote—
in federal elections.
Other Constitutional Amendments
Other Amendments (cont.)
• The Twenty-fifth Amendment establishes a
process for the vice president to take over the
office of president if that person is disabled
and lays down the process for filling the vice
presidency if that office becomes vacant.
• The Twenty-sixth Amendment lowers the
voting age in federal and state elections to 18.
Other Constitutional Amendments
Other Amendments (cont.)
• The Twenty-seventh Amendment makes
congressional pay raises effective during the
term following their passage.
Other Constitutional Amendments
The Twenty-first Amendment repeals which
unsuccessful amendment?
A. the Second
Amendment
B. the Twentieth
Amendment
C. the Eighteenth
Amendment
D. the Sixth
Amendment
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
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