CHAPTER 3
AMERICAN
HOLT
GOVERNMENT
The U.S. Constitution
Section 1: Basic Principles
Section 2: Amending the Constitution
Section 3: A Flexible Document
Section 4: The Constitution and the Public Good
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. What are the five basic principles on which the U.S.
Constitution is based?
2. How does the Constitution ensure the people’s
authority over government?
3. How does the Constitution provide for a system of
limited government?
4. In what way does the Constitution protect the rights
of the states?
2
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. What are the five basic principles on which the U.S.
Constitution is based?
3
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Popular Sovereignty
 Sovereignty is the absolute authority that a
government has over the citizens of that nation.
 Popular sovereignty means that the government’s
authority comes from the people.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
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Popular Sovereignty
 The Constitution guarantees it.
 Preamble – “We the people of the United States… do
ordain and establish this Constitution for the United States
of America… to establish justice, insure domestic
tranquility, provide for the common defense, [and] promote
the general welfare…”
 Sets rules for the election of government officials.
 No one reaches office by virtue of birth. Everyone is elected by
the people.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
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Limited Government
 The Constitution establishes guidelines for how the
government may act.
 Cannot grant titles of nobility.
 Cannot violate individual liberties.
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The U.S. Constitution
Section 1:
Basic Principles
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Separation of Powers
 Power is divided amongst the three branches of
federal government so no one has too much power.
 The powers and responsibilities of each branch are
listed in the first three articles of the Constitution.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
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Checks and Balances
 The Constitution prevents the concentration and abuse
of power through this system.
 Each branch of government has the authority to check,
or restrain, the powers of the other two branches.
 This system divides power within the government.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Separation of Powers
Checks and Balances in the Legislative Branch
Powers
Checks on Powers
Passes bills into law
President’s power to veto legislation
passed by Congress
Can pass laws over the president’s veto by
a two-thirds vote in Congress
Supreme Court’s power to rule that laws
are unconstitutional (judicial review,
Marbury v. Madison in 1803)
Approves appointments to top government
jobs
Holds the “power of the purse”
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Separation of Powers
Checks and Balances in the Executive Branch
Powers
Checks on Powers
Approves or vetoes laws
Congress’ ability to override the
president’s veto by a two-thirds votes
Carries out laws
Congress’ power to approve spending by
the federal government
Appoints federal court judges,
Senate’s power to approve presidential
ambassadors, and other high-level officials appointments to top government jobs
Negotiates treaties
Senate’s authority to approve all treaties
Congress’ power to impeach the president
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Separation of Powers
Checks and Balances in the Judicial Branch
Powers
Checks on Powers
Interprets the meaning of laws
Congress’ (or the states’) power to
propose an amendment to the Constitution
if the Supreme Court rules that a law is
unconstitutional
Rules on the constitutionality of laws
passed by Congress and actions taken by
the executive branch
Senate’s authority to refuse to approve the
appointments to federal court
Congress’ power to impeach a federal
judge
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
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Federalism
 Powers shared by national, state, and local
government.
 In the US, some powers belong to national, some
state, and some are shared by both.
 Framers saw the weakness of the Articles of
Confederation and designed a unique brand of
federalism.
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HOLT, RINEHART
AND
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The U.S. Constitution
Section 1:
Basic Principles
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Federalism
 The Constitution prohibits both national and state
governments from exercising certain powers.
 National
 Negotiating treaties, coining money, engaging in war.
 “Supremacy Clause” states that national law is always superior to
state/local law.
 State
 10th amendment – state’s rights.
 “The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. What are the five basic principles on which the U.S.
Constitution is based?
1.
2.
3.
4.
5.
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Popular sovereignty
Limited government
Separation of powers
Checks and balances
Federalism
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Objectives:
2. How does the Constitution ensure the people’s
authority over government? (popular sovereignty)
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
How the Constitution ensures popular
sovereignty:
1. states in the preamble that the people order and
establish the rules for the government
2. establishes a republic in which citizens elect officials
to represent them
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Objectives:
3. How does the Constitution provide for a system of
limited government?
17
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Ways the Constitution limits government:
1.
2.
3.
4.
5.
6.
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republicanism
checks and balances
federalism
separation of powers
popular sovereignty
protection of individual rights
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Objectives:
4. In what way does the Constitution protect the rights
of the states?
19
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
The Constitution protects the rights of the states
by creating a federal system of government,
known as federalism, in which powers are divided
among national, state, and local governments.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 1:
Basic Principles
AMERICAN
HOLT
GOVERNMENT
Wrap-up:
1. What are the five basic principles on which the U.S.
Constitution is based?
2. How does the Constitution ensure the people’s
authority over government?
3. How does the Constitution provide for a system of
limited government?
4. In what way does the Constitution protect the rights
of the states?
21
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Procedures for amending the Constitution are
found in Article V. Making an amendment to the
Constitution is more difficult than passing a law.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. Why did the framers establish ways to amend the
Constitution?
2. What are the methods for amending the
Constitution?
3. What is the purpose of the Bill of Rights?
23
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. Why did the framers establish ways to amend the
Constitution?
 Amendment – changes made to the Constitution
24
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
The framers established ways to amend the
Constitution because they realized they were
unable to anticipate future challenges that the
United States would face as it grew.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Objectives:
2. What are the methods for amending the
Constitution?
26
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Methods for amending the Constitution:
 proposal of amendments by a two thirds vote in both houses of
Congress or by a national convention called by two thirds of
the states
 No convention has ever been called
 ratification of amendments by approval of three fourths of the
state legislatures or by approval of special conventions in three
fourths of the states
 All but one have been ratified through state legislatures
 21st amendment was ratified using special conventions
 Repealed the 18th amendment
27
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Objectives:
3. What is the purpose of the Bill of Rights?
28
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
The purpose of the Bill of Rights:
 to protect individual freedoms
 to acknowledge the powers of the states and the
people
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
The 27 Amendments:
1. Protecting individual freedoms.
 Bill of Rights.
2. Expanding voting and other rights.
 13th, 14th, 15th – banned slavery, recognized AfricanAmericans as citizens, granted right to vote, etc.
 17th and 19th – popular election of Senators and voting
rights for women.
3. Extending government powers.
 16th – national income tax.
 18th and 21st – prohibition and repeal.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
The Bill of Rights:
1. Freedom of religion, speech, press, and assembly.
2. Asserts the need for a militia and protects the right to
keep and bear arms.
3. Prevents soldiers from taking over private homes
during peacetime or war.
4. Prohibits unreasonable searches and seizures.
5. Protects the rights of accused persons.
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AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
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The Bill of Rights continued:
6. Provides the right to a speedy, fair trial.
7. Provides the right to a trial by a jury in civil suits.
8. Prohibits excessive bail and fines, prohibits cruel and
unusual punishment.
9. Protects people’s rights that are not specifically
listed in the Constitution.
10. Grants to the states and to the people powers that are
not specifically listed in the Constitution.
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HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Ratification deadlines:
 27th amendment – ratified in 1992
 Originally proposed in 1789
 No vote to increase congressmembers’ salaries may take
effect until after the next election
 Since 1919, Congress has set time limits on
ratification to 7 years
33
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 2:
Amending the Constitution
AMERICAN
HOLT
GOVERNMENT
Wrap-up:
1. Why did the framers establish ways to amend the
Constitution?
2. What are the methods for amending the
Constitution?
3. What is the purpose of the Bill of Rights?
34
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. How does the Constitution give the three branches of
government flexibility in using their powers?
2. How have political parties changed the way
government operates?
3. How does the Constitution allow custom and
tradition to help shape government?
35
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Objectives:
1. How does the Constitution give the three branches of
government flexibility in using their powers?
36
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Flexibility the three branches of government have
in using their powers:
1. ability of the federal courts to make decisions about
interpreting laws
2. ability of Congress to create and amend legislation
3. ability of the executive branch to interpret its powers
to take action
 Executive agreements – arrangements that presidents
establish with foreign governments that do not require
Senate approval.
37
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Objectives:
2. How have political parties changed the way
government operates?
 Political party – an organized group that seeks to win
elections in order to influence the activities of
government.
38
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Effects of political parties on the government:
1. influence the election of the president and other
government officials
2. have a role in organizing the day-to-day operations
of Congress
39
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Objectives:
3. How does the Constitution allow custom and
tradition to help shape government?
40
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Roles of custom and tradition in shaping the
government:
1. affect the organization or composition of government
areas
 Cabinet – group of executive department heads that act as
the president’s advisors
2. can bring pressure to make formal changes to the
Constitution
 22nd amendment – term limit on presidency
41
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
Section 3:
A Flexible Document
AMERICAN
HOLT
GOVERNMENT
Wrap-up:
1. How does the Constitution give the three branches of
government flexibility in using their powers?
2. How have political parties changed the way
government operates?
3. How does the Constitution allow custom and
tradition to help shape government?
42
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Objectives:
1. What were some of James Madison’s contributions
to the development of the U.S. government?
2. How does the Constitution ensure that government
makes laws that promote the public good?
3. Why do critics claim that the Constitution sometimes
makes government less effective?
43
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Objectives:
1. What were some of James Madison’s contributions
to the development of the U.S. government?
44
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Some of James Madison’s contributions to the
development of the U.S. government:
 argued that the Constitution prevented control by
factions because of the large size of the United States
and the system of checks and balances provided by
the Constitution
 reasoned that large republics, like the United States,
would represent the broad interests of society and
promote the public good
45
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Objectives:
2. How does the Constitution ensure that government
makes laws that promote the public good?
46
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
How the Constitution ensures that government
makes laws promoting the public good:
 places control of all government power in the hands of
U.S. citizens
 prevents the passage of policies that represent the
narrow interests of just a few groups
 large population with a wide range of interests
 policies based on the principles of “justice and the general
good” most likely to be passed
47
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Objectives:
3. Why do critics claim that the Constitution sometimes
makes government less effective?
48
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Reasons critics claim the Constitution makes
government less effective:
 promotes gridlock
 ex: 1995-96 government shutdown
 eases the ability of government leaders to avoid
responsibility for problems
 ex: federal spending
49
HOLT, RINEHART
AND
WINSTON
The U.S. Constitution
AMERICAN
HOLT
GOVERNMENT
Section 4:
The Constitution and the Public Good
Wrap-up:
1. What were some of James Madison’s contributions
to the development of the U.S. government?
2. How does the Constitution ensure that government
makes laws that promote the public good?
3. Why do critics claim that the Constitution sometimes
makes government less effective?
50
HOLT, RINEHART
AND
WINSTON
AMERICAN
HOLT
GOVERNMENT
Chapter Wrap-Up
1. In what ways does the Constitution reflect the
principles of popular sovereignty and limited
government?
2. Why did the framers of the Constitution create
a distinct form of federalism instead of
adopting a unitary system of government?
3. How does the Bill of Rights work to protect
individual rights?
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HOLT, RINEHART
AND
WINSTON
AMERICAN
HOLT
GOVERNMENT
Chapter Wrap-Up
4. Why has the Constitution been amended only
27 times in more than 200 years?
5. Why did James Madison believe that the U.S.
republic’s large size would help government
serve the public good?
6. How does the system of checks and balances
help prevent one branch of government from
becoming too powerful?
52
HOLT, RINEHART
AND
WINSTON