CHAPTER 3 THE CONSTITUTION
THE PREAMBLE

We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defence, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the United States
of America
CHAPTER 3 SEC. 1
The Constitution is built around 6 basic
principles.
 1: Popular Sovereignty. In essence, the
National government draws from the people of
the US, and the people have given the
government the power that it has through the
Constitution.

CHAPTER 3 SEC. 1
2: Limited Government. The principle of limited
government holds that no government is allpowerful.
 This principle can be expressed in another way:
Gov’t must obey the law. When stated that way,
the principle is often called constitutionalism.
 Constitutionalism: Basic principle that gov’t and
those who govern must obey the law.

CONSTITUTIONALISM CONTINUED
The concept of limited gov’t is also described
as the rule of law. Rule of law: Concept that
holds that gov’t and its officers are always
subject to the law.
 The First Amendment starts with “Congress
shall make no law……”

CHAPTER 3 SEC 1
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3: Separation of Powers. The Constitution
distributes the powers of the National
Government among Congress, the President,
and the courts.
CHAPTER 3 SEC 1
4: Checks and balances. The 3 branches are
not entirely separated nor completely
independent of one another. They are tied
together by a complex system of checks and
balances.
 Checks and balances: Each branch is subject
to a number of constitutional checks
(restraints) by the other branches.

CHECKS AND BALANCES
CHAPTER 3 SEC 1
5: Judicial review. The concept of judicial review
was established in the court case Marbury v.
Madison. Judicial Review the power of the
court to determine whether or not an act of
Congress is unconstitutional.
 Unconstitutional is to declare, illegal, and void,
a governmental action found to violate some
provision in the Constitution.

CHAPTER 3 SEC 1
6: Federalism. Federalism is the division of
power among the central gov’t and several
regional governments.
 The Framers constructed the federal gov’t, with
its division of powers, as a compromise
between an overpowering central gov’t and
loose confederation of states.

CHAPTER 3 SEC 2
The Framers did provide a system for changes
to the Constitution. These changes are known
as amendments. Amendment: A change in, or
addition to, a constitution or law.
 There are four possible methods of formal
amendment. Formal amendment: Change or
addition that becomes part of the written
language of the Constitution itself through one
of the four methods set forth in the
Constitution.

FOUR METHODS


First Method: An
amendment may
be proposed by a
2/3s vote in each
house of Congress
and be ratified by
3/4s of the State
legislatures (38).
26 of the 27
amendments were
adopted this way.
FOUR METHODS
Second method: An amendment may be
proposed by Congress and then ratified by
conventions, called for that purpose, in 3/4s of
the States.
 Only the 21st Amendment was adopted in this
way.

FOUR METHODS

Third method: An amendment may be proposed
by a national convention, called by CONGRESS
at the request of 2/3s of the State legislatures.
It must then be ratified by 3/4s of the State
legislatures (34).
FOUR METHODS

Fourth method: An amendment may be
proposed by a national convention and ratified
by conventions in 3/4s of the States.
CHAPTER 3 SEC 2

The Bill of Rights: are
the first ten
amendments to the
Constitution. They
guarantee freedom of
speech, fair and equal
treatment before the
law, etc.
CHAPTER 3 SEC 2
Each of the other amendments that have been
added to the Constitution over the past 200+
years grew out of some particular set of
circumstances.
 18 Amendment: established a nationwide
prohibition of alcohol.
 21st Amendment: repealed the 18th
Amendment.

CHAPTER 3 SEC 3
The Constitution has been changed, not only
through the formal methods but in means other
than formal. There are 5 basic ways this can
happen.
 1) Basic legislation. Congress has passed a
number of laws to spell out several of the
Constitution’s brief provisions. Example:
Presidential succession.

CHAPTER 3 SEC 3
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2) Executive action. Even though Congress can
declare war, the president is Commander-inChief of the armed forces. So the president can
use troops without Congressional approval.
Another example is executive agreement.
Executive agreement: a pact made by the
president directly with the head of a foreign
state; a binding international agreement wit the
force of law but which does not require Senate
consent.
EXECUTIVE ACTION CONTINUED
A treaty: is a formal agreement between two or
more sovereign states.
 The difference between the two is that the
Senate does not need to approve an executive
agreement. They are legally binding, just like a
treaty.

COURT DECISIONS

3) Court decisions. The Supreme Court can
interpret and apply the Constitution in many
cases they hear. Example: Marbury v. Madison.
Which set up the principle of judicial review.
POLITICAL PARTIES
4) Political parties. The nation’s political parties
have played a role in change, even though the
Framer’s were against parties.
 To solve the question as to who gets to elect
the president, Congress came up with the
electoral college.

ELECTORAL COLLEGE

Electoral
college:
Group of
persons
chosen in
each state
and D.C.
every four
years who
make a
formal
selection of
the president
and vice
president.
CUSTOM

5) Customs. Many
customs have
developed in our
governmental system.
Example: the
president’s cabinet.
The cabinet:
presidential advisory
body, traditionally
made up of the heads
of the executive
departments and other
officers.
CUSTOMS CONTINUED

Another long established custom is the practice
of senatorial courtesy. Senatorial courtesy:
custom that the Senate will not approve a
presidential appointment opposed by a
majority party senator from the State in which
the appointee would serve.