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Magruder’s
American Government
CHAPTER 3
The Constitution
© 2001 by Prentice Hall, Inc.
CHAPTER 3
The Constitution
SECTION 1
The Six Basic Principles
SECTION 2
Formal Amendment
SECTION 3
Informal Amendment
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Chapter 3
Bell Activity
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Who has belonged to organizations such as Boy Scouts, Girl Scouts,
athletic teams, or even clubs. Explain the basic principles, or rules, of
these organizations. What was the value of such principles.
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SECTION 1
The Six Basic Principles
• What are the important elements of the
Constitution?
• What are the six basic principles of the
Constitution?
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Chapter 3, Section 1
Section 1 Vocabulary
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• Federalism
Preamble
Articles
Constitutionalism
Rule of law
Separation of powers
Checks and balances
Veto
Judicial review
Unconstitutional
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An Outline of the 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.
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Chapter 3, Section 1
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
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National debts, supremacy of national law, and oaths of
office
Ratifying the Constitution
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Chapter 3, Section 1
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.
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Chapter 3, Section 1
More of the 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.
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Chapter 3, Section 1
Section 1 Review
1. Article II of the Constitution establishes the powers of the
(a) executive branch.
(b) legislative branch.
(c) States.
(d) judicial branch.
2. The principle of popular sovereignty asserts that the
(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.
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Chapter 3, Section 1
Activity
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By using 6 index cards, write one of the six basic principle on the front
of each card. On the back, write the definition , and one example.
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SECTION 2
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?
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Chapter 3, Section 2
Bell Activity
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If a group of baseball owners sought to move the pitchers mound back
five feet. What would be the formal process for such a change?
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Section 2 Vocabulary
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Amendment
Formal amendment
Bill of rights (smart song)
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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
proposal and two methods for the
ratification of constitutional
amendments, creating four possible
methods of formal amendment.
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Chapter 3, Section 2
Formal Amendment Process
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The four different ways by which amendments may be added to the
Constitution are shown here:
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Chapter 3, Section 2
Amendments to the Constitution
Collectively, the first ten amendments are known as the Bill of
Rights. They set out many of our basic freedoms.
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Chapter 3, Section 2
Section 2 Review
1. A formal amendment
(a) changes the Constitution by passing laws.
(b) changes the written language of the Constitution itself.
(c) allows States to secede from the United States.
(d) none of the above.
2. Many of the basic rights of citizens are constitutionally guaranteed in
(a) English common law.
(b) the Declaration of Independence.
(c) the Magna Carta.
(d) the Bill of Rights.
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Chapter 3, Section 2
Section 3.2 Assessment Questions
•1. How many amendments were added to the constitution in the 20th
century
•Twelve
•2. Describe the four possible methods of formal amendment.
•A. Proposal by a two-thirds vote in each house and ratification by three
fourths of the state legislatures
•B. Proposal by Congress and ratification by special conventions in ¾ of
the states
•C. Proposal by a national convention at the request of 2/3 of state
legislatures and ratification by ¾ of the legislatures
•D. Proposal by a national convention and ratification by ¾ of conventions
and states
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Chapter 3.2 Assessment Questions
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2. Describe the four possible methods of formal amendment.
A. Proposal by a two-thirds vote in each house and ratification by three
fourths of the state legislatures
B. Proposal by Congress and ratification by special conventions in ¾ of
the states
C. Proposal by a national convention at the request of 2/3 of state
legislatures and ratification by ¾ of the legislatures
D. Proposal by a national convention and ratification by ¾ of
conventions and states
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Chapter 3.2 Assessment Questions
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3. In your own words, describe freedoms protected by the Bill of
Rights.
Freedoms should include those of belief and expression; freedom and
security of the person; and fair and equal treatment before the law.
4. Why does the Constitution provide that both houses of
Congress must agree to the proposal of an amendment?
The act of amendment is meant to be an expression of all the peoples
will. If only one house were required to agree to the proposal of an
amendment, all of the people would not be adequately represented.
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Chapter 3 section 2 questions
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5. Cite three events or controversies that led to amendments to
the constitution.
1. 1800 election produced no winner and necessitated changes to the
electoral college= led to 12 amendment
2. Need to repeal prohibition= led to the 21st amendment
3. Vietnam War and the idea that if one is old enough to fight, on is old
enough to vote= 26 Amendment
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Activity
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Using the vocabulary words from this section, perform a 15 second skit
that illustrates the meaning of the term.
While watching each performance, groups should write down the term
they believe has been acted out.
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SECTION 3
Informal Amendment
Objectives
• How has basic legislation changed the
Constitution over time?
• What powers do the executive branch and the
courts have to amend the Constitution?
• What role do party politics and custom have in
shaping the Federal Government?
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Chapter 3, Section 3
Bell Activity
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Has popular music changed over the past decades? Did anyone
formally decide what kind of music will be popular each year? How did
it come about?
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Section 3 Vocabulary
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Executive agreement
Treaty
Electoral college
Cabinet
Senatorial courtesy
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Informal Amendment Processes
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.
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.
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Chapter 3, Section 3
Executive Action and Court Decisions
Executive Action
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Presidential actions have
produced a number of important
informal amendments, such as
the use of the military under the
power of commander in chief.
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Executive Action and Court Decisio
• An executive
agreement is a pact
made by the President
directly with the head
of a foreign state.
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Treaty: is a formal agreement
between two or more sovereign
states
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Executive Action and Court Decisions
Court Decisions
• The nation’s courts,
most importantly the
United States Supreme
Court, interpret and
apply the Constitution
in many cases they
hear.
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Electoral College
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The group that makes the
formal selection of the
nation’s President, from
what the Framers intended
into a “rubber stamp” for
each State’s popular vote
in presidential elections.
http://www.youtube.com/watch?v=bCjWPo70X
ZY Disney electoral College
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What is the Cabinet?
• The cabinet is the
heads of the 15
executive departments
that serves as an
advisory committee for
the president.
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http://www.youtube.com/watch?v=xxSvi6JCCfk
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Presidents Cabinet
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Section 3 Review
1. An informal amendment can be established by
(a) actions taken by the President.
(b) custom.
(c) key decisions of the Supreme Court.
(d) all of the above.
2. An executive agreement is
(a) a promise from the President to the legislature.
(b) a pact made by the President directly with the head of a foreign state.
(c) a decision made by the President and his cabinet members.
(d) the contract the President signs when he accepts the office.
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Chapter 3, Section 3
Activity
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List each of the five basic informal procedures in changing the
constitution on the front of a index card. On the back write specific
examples of each of these ways.
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Chapter 3 Section 3 Assessment
Questions
1. By what means other than formal amendment has constitutional
change occurred?
Through informal channels, including basic legislation, executive action,
court decisions, party practices, and customs.
2. What role does the Cabinet play in government?
The cabinet serves as an advisory body to the President, and is
traditionally made up of the heads of the executive departments and other
officers.
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Chapter Assessment questions
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9. How is the text of the Constitution organized?
It beings with a short introduction called the Preamble. The rest of the
document is divided into seven numbers sections, called articles, That
outline the organization and powers of each branch of government, the
role of each branch of government, the role of the States, and the
amendment and ratification processes.
10. What are the six basic principles of the Constitution?
Popular sovereignty, limited government, checks and balances,
separation of powers, judicial review, and federalism
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Chapter 3 Assessment questions
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11. (a) How are popular sovereignty and limited government
related?
Popular sovereignty holds that the people are the source of all
government power, and limited government can do only those things
that the people have given it the power to do.
11(B) Why were these principles important to the Framers of the
Constitution?
Because the Framers wanted to create a government that could not
become tyrannical
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Chapter 3 Assessment questions
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12. What is the purpose of checks and Balances?
The purpose of checks and Balances is to prevent one branch of
government from having too much power over the other branches.
13. (A) How can the judicial branch check the legislative branch?
Judges may overturn a law when they decide that it is unconstitutional.
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13 (B) How can the executive branch check the legislative branch?
Presidents may veto legislation and call special sessions
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Chapter 3 Assessment Questions
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14. How many amendments have been formally added to the
Constitution?
27
15. (a) What has been the most common method for adding an
amendment to the Constitution?
Proposed by a two thirds vote in each house of Congress and ratified
by ¾ of the State legislatures
15.(B) Which method has been used only once?
Proposal by Congress with ratification by ¾ of State legislatures
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Chapter 3 Assessment Questions
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16. (A) Which amendment required the longest amount of time to
ratify?
27th
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16.(B) How long did it take?
Nearly 203 yrs
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17. How does the formal amendment process reflect federalism?
It emphasizes the federal character of the governmental system, as
proposal takes place at the national level and ratification at the State level
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Chapter 3 Assessment Questions
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18. What event led to the 13th, 14th, and 15th amendments?
The Civil War
19. By what five ways has the Constitution been changed other
than by formal amendment?
Passage of basic legislation by Congress, actions taken by the
President, key decisions of the Supreme Court, activities of political
parties, and custom.
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Chapter 3 Assessment
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20. How has congress contributed to the process of constitutional
change and development?
By passing laws that elaborate on the brief provisions of the
Constitution and that expand congressional power.
21. Cite two examples of the exercise of presidential power that
illustrate the process of constitutional change by other than formal
amendment.
Through informal change Presidents have gained authority to use
armed forces and the use of executive agreement in place of formal
treaties
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Chapter 3 Assessment Questions
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22. How does the Presidential nominating process illustrate the
process of constitutional change and development?
Although neither the Constitution nor any law provides of the
nomination of presidential candidates, political parties have adopted
that function. Thus political parties have altered or added to the original
intent of the document.
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