I.
Chapter 3---The Constitution
Structure and Principles
A. Constitution –3 Parts
1. Preamble---explains why it was written & the purposes of government—‘We the People”
2. 7 Articles
a. Article I –Legislative Branch—Makes the laws
1. Section 1 creates the U. S. Congress
2. Section 2 & 3 sets forth details about the House of Representatives & the
Senate, explains how to make laws, list the types of laws Congress may pass,
& names powers that Congress does not have
b. Article II—Executive Branch—Carries out the laws (enforces)
--details the powers & duties of the president
--describes qualifications for the office & procedures for electing the president
---provides for a vice president
c. Article III---Judicial Branch—Interprets the laws
1. Establishes a Supreme Court
2. National government the power to create lower federal courts
3. outlines the jurisdiction of the Supreme Court & other federal courts to
rule on cases
4. defines treason against the United states
d. Article IV---Explains the relationship of the states to one another & to the national
government
1. requires states to citizens of other states the same rights as its own citizens
2. addresses admitting new states
3. guarantees that the national government will protect the states against
invasion or domestic violence
e. Article V—explains the ways to Amend the Constitution
f. Article VI—Supremacy Clause
1. Constitution, laws passed by Congress, & treaties of the United States are the
Highest law of the land
g. Article VII---Ratification of the Constitution
3. The Amendments---27 Amendments
B. 6 Major Principles of the Constitution
1. Popular Sovereignty—Government authority comes from the people
2. Federalism---Power is divided between the national & state governments.
3. Separation of Powers—Power divided between the 3 Branches
4. Checks and Balances—Each branch of government exercises some control over the
other branches
1. President can veto a law passed by Congress
2. Congress can override the veto by a 2/3rds vote in each house of Congress
3. Supreme Court decides if the laws are Constitutional
4. President gets to appoint judges to the Supreme Court, but Senate must
approve
5. Judicial Review---Power of the courts to declare law & actions of local, state, & national
governments invalid if they violate the Constitution
6. Limited Government—Constitution limits the actions of government by listing powers
it does & does not have.
II.
Three Branches of Government
A. The Legislative Branch
1. Expressed Powers—Powers directly stated in the Constitution for the Congress
2. Enumerated Powers (Delegated powers)—Article 1 Section 8
a. 5 deal with economic matters—levy taxes, borrow money, regulate commerce, coin
money, & to punish counterfeiting
b. 7 deal with defense:
1. declare war
2. raise & support armed forces
3. organize the militia
c. Provides for naturalizing citizens & establishing post offices & courts
d. #18—Elastic Clause—Congress has the right to make all laws “necessary &
proper” to carry out the other expressed powers
1. Lets Congress stretch its power to meet situations that the Founders could
not anticipate
2. McCulloch v. Maryland (1819)
B. The Executive Branch
1. Commander in chief of the armed forces & the state militias
2. appoints executive department heads with Senate approval
3. can pardon people convicted of federal crimes, except in cases of impeachment, or to
reduce a person’s jail sentence or fine
4. To make treaties, with the advice & consent of the senate
5. To appoint ambassadors, federal judges, & other top officials with Senate approval
6. delivers an annual State of the Union message to Congress & other messages to
Congress
7. Call Congress into special session when necessary
8. To meet with heads of state, ambassadors, & other foreign officials
9. To commission all military officers of the United states
10. To ensure that the laws of Congress are “faithfully executed”
C. The Judicial Branch
Dual Court System:
1. Federal Courts—Powers derive from Constitution & federal laws.
2. State Courts—power derived from state constitutions & state laws
2 Factors determine the jurisdiction of federal courts:
1. Subject matter of the case
2. Parties involved in it
***Federal courts try cases that involve federal laws, foreign treaties, international law,
bankruptcy cases, & interpretations of the Constitution***
D. Shared Power & Conflict
1. The President as Legislator—recommends plan to the members of Congress
2. The President vs. Congress
3. Congress vs. the Courts
4. The Supreme Court vs. the President
a. Worcester v. Georgia (1832)
III.
Amending the Constitution
A. The Amendment Process--2 Formal Ways to Propose an Amendment:
1. Congress proposes amendment by 2/3rds vote in each house of Congress.
a. ***Only method that has been used to date***
2. Constitutional Convention called by Congress at the request of 2/3rds of the states.
a. Failed in 1963 by one vote
b. Failed in 1991 by 2 votes (Balanced Budget Amendment)
2 Ways to Ratify an Amendment:
1. 3/4ths of the 50 state legislatures approve it
2. Each state can call a special ratifying convention but still need 3/4th of the
states to approve
*** Time Limit to ratify is 7 Years***
B. Informal (Indirect) Ways the Constitution
1. Changes Through Law
Ex: Congress has expanded Executive Branch by creating cabinet departments,
agencies, boards, & commissions.
Ex; Judiciary Act of 1789
2. Changes Through Practices
Ex: Impeachment Process—Congress decides what is meant by “high Crimes &
misdemeanors”
C. Informal Presidential Changes
a. Presidential Succession
1. 1841---Tyler set precedent of the Vice President becoming President after W. H.
Harrison died (1967—25th Amendment passed)
b. Foreign & Domestic Affairs
1. Modern presidents often conduct foreign affairs by executive agreements
instead of the treaty process specified in the Constitution.
a. Executive Agreements do not need Senate approval like a treaty does.
2. Presidents often request legislation from Congress
a. Ex: President Obama’s request for Health Care reform
D. Court Decisions
1. Judicial Review most important device used by the Courts**
a. Judicial Restraint—Court should avoid controversial decisions on social & political issues.
b. Judicial Activism—Court should help shape national policies
--Ex: Warren Court (1960s)—Civil Rights & Rights of accused
2. Changing Court Rulings
a. Plessy v. Ferguson (1896) overturned by Brown v. Board of Education (1954)
E. Changes Through Custom & Usage
Ex; Political Parties are not mentioned in the Constitution, but they have been an important part
of American Government
Political parties help organize government & conduct elections
IV.
The Amendments
A. The Bill of Rights (1791)—1st 10 Amendments
1. 1st Amendment
a. Freedom to Worship (Freedom of Religion) as they please or to have no religion at
all (Separation of Church & State)
b. Freedom of Speech –right to criticize government & spread unpopular ideas.
c. Freedom of Press
1. Prior Restraint—Government cannot censor information before it is
published or broadcast
***Libel & Slander is prohibited***
d. Freedom of Assembly—Right to hold demonstrations, meetings, ets as long as they
are peaceful.
e. Freedom to Petition the Government—send letters, sign petitions, etc
2. 2nd Amendment—Citizens & nations the right to security (right to bear Arms)
3. 3rd Amendment—Prohibits the government from forcing people to provide shelter for
soldiers in their homes except under conditions spelled out by law. (Wartime)
4. 4th Amendment—Right to Privacy—Search & Seizure Amendment
a. Search or an arrest must be based on probable cause---Need a search warrant or
an arrest warrant
5. 5th Amendment—Rights of the Accused
a. No person can be tried unless a grand jury determines enough evidence exists to
justify a trial
b. Double Jeopardy—Cannot be tried twice for the same crime if found innocent
c. Pleading the 5th—A person cannot be forced to testify against himself/herself
d. Due Process of Law—Government may not any person of life, liberty, or property
without due process of law (Fair treatment & all legal procedures are followed)
e. Eminent domain—The power of the government to take private property for
public use
6. 6th Amendment
a. Right to a speedy & public trial by an impartial jury
b. Right to an attorney
c. Right to know charges against them
d. Right to hear & question witnesses
e. Right to compel witnesses to testify in their behalf
7. 7th Amendment—Jury in a Civil Suit
a. Must be over $20.00
8. 8th Amendment—No Cruel & unusual punishment & excessive bail
9. 9th Amendment—People retain all rights not spelled out in the Constitution
10. 10th Amendment—States whatever powers the Constitution does not give to the national
government or deny to the states belong to the states or to the people
B. Other Amendments
11th Amendment—Prohibits a state from being sued in federal court by citizens of another state
or country.
12th Amendment—Electoral College use separate ballots for president & vice-president.
13th Amendment—Outlaws slavery
14th Amendment—Protects the rights of citizenship by preventing states from depriving any
person life, liberty, or property without due process—Blacks became citizens
15th Amendment—Prevents the government from denying any person’s right to vote on the basis
of race
16th Amendment---Income Tax Amendment
17th Amendment—People elect United State senators, not state legislators
18th Amendment—Prohibits the manufacture, sale, or transportation of alcoholic beverages
19th Amendment---Guaranteed women the right to vote
20th Amendment---Set new dates for Congress to begin its term (Jan 3) & for the inaugurations
of the president & vice-president (Jan. 20th)----shortened period Lame Ducks were in office
21st Amendment—Repealed the 18th Amendment
22nd Amendment—Limits a president to a maximum of 2 elected terms.
23rd Amendment—Allows citizens living in Washington, D. C. to vote for president & vicepresident
24th Amendment—Prohibits Poll taxes—(Money paid in order to vote)
25th Amendment—establishes a process for the vice president to take over when a president is
disabled
26th Amendment—lowered the voting age to 18 years old
27th Amendment—Makes Congressional pay raises effective during the term following their
passage.