Chapter 3 – The U.S.
Constitution
Question: How do the different
parts of the Constitution work to
create limited government and a
functional democracy?
Parts of the Cosntitution
Preamble
Seven Articles
Amendments
Preamble
• Preamble – Introduction that explains why it
was written and it’s purpose.
• “We the People of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
tranquility, provide for the common defense,[1] 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.”
• What does this mean?
Seven Articles
• Seven Articles – divisions of the constitution,
each containing a different topic.
▫ Articles I, II, and II create the three branches of
government.
▫ Article IV explains the relationship between the
states and national government.
▫ Article V explains how the Constitution can be
amended.
▫ Article VI establishes the Constitution as
“Supreme Law of the Land”
▫ Article VII addresses ratification and when the
Constitution takes effect.
Quick check for writing…
• Review a copy of the Constitution provided by
me, and write a short (1/2 page) reflection on the
structure and organization of the Articles.
▫ Notice that the Articles themselves are broken
down into sections.
Amendements
• The Amendments – changes that were made to
the original constitution.
▫ The Constitution has 27 total amendments
▫ Bill of Rights – First Ten Amendments to the
Constitution.
 These were added before the original Constitution
could even be signed.
▫ The Amendment process allows the Constitution
to be flexible enough to allow for change as the
nation grows and changes.
Review
• What are the three parts of the Constitution?
• What is included in each part of the
Constitution?
• How many articles are in the Consitution?
• How many amendments are in the Consitution?
▫ Which articles are a part of the Bill of Rights?
Major Principles of the
Constitution
Popular Sovereignty
Federalism
Separation of Powers
Checks and Balacnces
Judicial Review
Limited Government
Popular Sovereignty
• Rule by the People
• All the authority that the government has comes
from the consent of the people.
▫ If the people don’t vote in support of something
the government does, then the government can’t
do it.
Federalism
• Power of the government is divided between
national and state governments.
• This complicated system was created because
the states were afraid of giving the national
government after what had happened with Great
Britain.
▫ The national government can act a s a whole,
while states still have the authority over many
local matters.
Separation of Powers
• Power of the government is divided into three
separate branches, each with specific powers.
▫ Legislative Branch – Congress
▫ Executive Branch – President
▫ Judicial Branch – Supreme Court
Executive Branch
Enforces the law
Legislative Branch
Makes the law
Judicial Branch
Interprets the Law
Punishes lawbreakers
Checks and Balances
• Each branch of government exercises some
control over the other branches of government.
▫ Congress passes laws, but the President can check
congress by vetoing congressional legislation.
▫ Congress can override a President’s veto.
▫ The courts can determine congressional laws
unconstitutional.
▫ Judicial branch is appointed by the President, but
confirmed by Senate (a house in congress)
• Review chart on pg. 66
Judicial Review
• The ability of the courts to say that laws and
actions of the government are not valid.
▫ Declare laws unconstitutional
▫ The power of judicial review is not specifically
stated in the Constitution, but is implied by article
III.
▫ The official power was gained in the court of
Marbury V. Madison in 1803.
Limited Government
• The Constitution specifically lists the power of
government that are allowed and those that are
prohibited.
• In addition the constitution has some power
over things not listed in the Constitution as well.
Review
• What are the principles of the Constitution?
▫ Why is each of these principles important to the
Constitution and the creation of the United
States?
Three Branches of Government
Legislative
Executive
Judicial
The Legislative Branch
Congress has the power to make laws
• Has Expressed Powers – those specifically stated
in the constitution, AKA Enumerated Powers.
▫ Borrow money, Levy taxes, Regulate commerce,
Coin money, Punish counterfeiting
▫ Declare war, raise and support the armed forces,
organize the militia
▫ Naturalize citizens, organize the post office, set up
the court system
▫ Elastic Clause – allows the congress to stretch its
powers to meet situations that the founders did
not anticipate.
The Executive Branch
The President has the power to
enforce the law
• “The executive power shall be vested in the
President of the United States of America”
▫ This statement in the Constitution gives the
President a great deal of power that is not
specified by the consitution.
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Commander in Chief of the Armed Forces
Appoint the heads of executive departments
Parole people convicted of crimes
Make treaties, with Senate approval
Presidential Powers Continued…
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Appoints ambassadors, and federal court judges
Delivers the “State of the Union Address”
Call Congress to special session
Meets with the heads of states
Commissions military officers
Ensures that laws passed, are faithfully executed
The Judicial Branch
The Supreme Court has the power
to interpret the law
• The Federal courts hear cases on appeal from
lower courts or original cases; federal laws,
treaties, international law, bankruptcy, and
interpretations of the Constitution.
• State courts hear cases involving state laws that
involve criminal and civil disputes.
Shared Power and Conflict
• The three branches of government are designed
to work together, but in many cases the power of
one branch limited the power or authority of
another. This system of checks and balances
often caused conflict between branches.
Review
• What are the three branches of government and
who makes up each branch?
• What power does each branch of government
have?
• What causes conflict between the three branches
of government?
Checks and Balances
The ability of all three branches of
government to check the power of
the other two branches. This
guarantees that no branches of
government will gain too much
power.
Congress can…
• Check the Executive Branch (President)
▫ Congress can veto the president
▫ Congress can override a presidential veto
▫ Congress can create executive agencies
• Check the Judicial Branch (Congress)
▫ Congress can impeach judges
▫ Congress can determine judges salaries
▫ Congress can set the size of the Supreme Court
The President Can…
• Check the Legislative Branch (Congress)
▫ The president can recommend legislation
▫ The President can veto bills passed by Congress
▫ The President can implement laws passed by
Congress
• Check the Judicial Branch (Supreme Court)
▫ The President can appoint federal judges
▫ The President can enforce court orders
The Supreme Court Can…
• Check on the Executive Branch (President)
▫ The Supreme Court can declare Presidential acts
unconstitutional
▫ The Supreme Court determine if the executive
branch is administering laws properly
• Check on the Legislative Branch (Congress)
▫ The Supreme Court can interpret congressional
statutes
▫ The Supreme Court can determine acts of
congress unconstitional.
Review
• How can the Judicial Branch check the other two
branches?
• How can the Legislative Branch check the other
two branches?
• How can the Executive branch check the other
two branches?
• Why are checks and balances necessary in
government?
Amending the Constitution
The Amendment process allows for
the Constitution to be changed over
time. This gives the Constitution the
ability to be flexible enough to stand
the tests of time. If it was not flexible,
it would be impossible for it to change
as the United States changes.
Proposing Amendments
2 ways
• 2/3 vote of the house and senate – this is the
only method that has actually been used to this
date.
• 2/3 of all states ask congress to call a convention
– this was tried 2 times, but both times failed.
Ratifying (approve) Amendments
2 ways
• Legislatures in ¾ of states can ratify the
amendment – this is the most common method
• States hold special conventions and ¾ of the
conventions will ratify it – this method has only
been used 1 time.
In short…
• All amendments need to be proposed by 2/3 of
congress or 2/3 of the states.
• All amendments need to be ratified by ¾ of the
state legislatures or ¾ of the states special
constitutional conventions.
• See chart on pg. 77 of you government text
Indirect ways the Constitution can
change
• The Constitution gives each branch of
government a certain amount of authority over
various areas of government.
• Changes can be make when the branches of
government make changes…
▫ Congress can make new laws
▫ The Supreme Court can interpret the laws to mean
different things, as necessary for the time.
Presidential Changes
• Modern Presidents use the Executive agreement
rather that treaty process to conduct foreign
affairs.
▫ Treaty – formal agreement between two countries
that is signed into law by the Senate.
▫ Executive Agreement – agreement between the
heads of two countries that does not need Senate
approval.
 Why would a President rather use an executive
agreement than a treaty?
How the Court has changed
• Judicial Review – process of the Supreme Court
to interpret the meaning of the Constitution and
apply that meaning to various issues.
▫ Was first used in the Marbury V. Madison case
and has been used since.
• People disagree about how the court should use
the power of judicial review
▫ Judicial Restraint – court should avoid taking the
initiative on social and political issues.
 Gives the courts less power over society
▫ Judicial Activism – court should actively help to
solve difficult social and political issues.
 Gives the courts more power over society.
Review
• Which method is most used to propose a
constitutional amendment?
• Which method is most used to ratify a
constitutional amendment?
• What are some other examples of how the
constitution has allowed for change and changed
since it was written?
• Which do you support; judicial restraint or
judicial review and why? Write a short reflection
The 27 Amendments
Bill of Rights
Civil Rights Amendments
Other Amendments
Bill of Rights
• First Ten Amendments to the Constitution
▫ These amendments are the ones that give us all
our personal freedoms.
▫ The Constitution would not have been signed by
Anti-federalist states without a bill of rights to
guarantee freedom from government abuse.
Civil Rights Amendments
• Thirteenth Amendment – outlawed slavery in all
states
• Fourteenth Amendment – serves to protect the
rights of freed enslaved people, today it protects
all citizens
▫ All citizens have equal protection under the law
• Fifteenth Amendment – Prohibits the
government from denying a person the right to
vote based on race.
▫ Women still could not vet vote
Other Amendments
• Each Amendment clarifies the constitution and
changes or specifies the law.
• 27 Amendments have been made to the
Constitution since it was originally written.
▫ The last 17 (excluding the 10 in the Bill of Rights)
have all been added after the Constitution was
ratified.
Before you take your chapter test review the 27 Amendments.
The Bill of Rights Amendments are all included on your chapter
test, and many other Amendments are included on your
constitution test that you will also be taking.
You may continue on to watch the slide show of the 27
Amendments to the Constitution for further review on this topic
and the Amendments.