Chapter 3: The Constitution
3.1: The 6 Basic Principles
3.2: Formal Amendments
3.3: Constitutional Change By Other Means
Chapter 3.1: The Six Basic Principles
The Constitution is “the supreme law of the
land” – the highest form of law in the United
States. It lays out the basic framework and procedures
of our government.
The Constitution is separated into:
1. “Preamble”: a short introduction.
2. “Articles”: seven numbered sections that outline
American government.
3. “Amendments”: 27 additions to the document.
The 6 Basic Principles of the Constitution:
1. Popular Sovereignty
2. Limited Government
3. Separation of Powers
4. Checks and Balances
5. Judicial Review
6. Federalism
1. Popular Sovereignty:
All political power
resides in the people –
government can only
govern with the consent
of the governed.
*All forms of government
(national, state, and local)
operate according to this
principle.
2. Limited Government:
Government is not all-powerful, it may only do those
things that the people have given it the power to do.
*Government must obey the law – it must follow the
principle of “constitutionalism”: government must
be conducted according to constitutional principles.
* “Rule of law”: government and its officers are always
subject to – never above – the law.
3. Separation of Powers:
The basic powers of
government are separated
among 3 independent
branches in our
presidential system.
*This separation of powers is set
forth in the first 3 articles of
the Constitution:
Article I: the legislative branch makes the laws
(Congress).
Article II: the executive branch
executes/administers laws (the President).
Article III: the judicial branch interprets/applies
the laws (Supreme Court).
*This separation is intended to create a strong, yet limited,
government.
4. Checks and Balances:
Each branch of government
is subject to a number of
constitutional checks
(restraints) by the other
branches.
*The three branches are not entirely
separated or completely
independent of one another.
Examples of Checks and Balances:
1. Congress (legislative branch) has the power to
make laws, but the President (executive branch)
has the power to “veto” any act of Congress.
2. Congress can refuse to provide funds that are
requested by the President.
This system makes compromise necessary – very rarely are
there open clashes between the branches.
5. Judicial Review:
The power of courts to determine
whether what government
does is in accord with what
the Constitution provides.
This power is held by all federal
courts and by most state courts.
*Judicial review is the power to
declare something
“unconstitutional”: to declare
illegal/null and void, a
governmental action that
violates some aspect of the
Constitution.
6. Federalism:
The division of power among
a central government and
several regional
governments – the powers
held by government are
distributed on a territorial
basis.
*This is a compromise between an
all-powerful federal government
and totally independent states.
Chapter 3.2: Formal Amendments
The Constitution has stood as our fundamental
document for over 200 years – in most ways, it
has remained exactly the same, but several
changes have been made throughout the years.
The Formal Amendment Process:
The Constitution itself provides for its own
“amendment”: changes in its written words.
There are 2 methods of proposal and 2 methods
of ratification (there are 4 total methods).
Method of Proposal:
1. By Congress (2/3 approval in each House)
2. Proposed at a national convention called by
congress, when requested by 2/3 of state
legislatures.
Method of Ratification:
1. Ratified by the state legislatures of ¾ of the
states.
2. Ratified by conventions held in ¾ of the states.
Amendment Process Options:
*The most common way is to be proposed by 2/3 vote in
each house and ratified by ¾ of state legislatures – 26
of the 27 amendments have been passed this
way.
*15,000 joint resolutions calling for amendments have been
proposed in Congress since 1789 – 33 have been sent to
the states – only 27 have been passed.
The 27 Amendments:
“Bill of Rights”: the first ten
amendments to the Constitution.
These were added less than 3
years after ratification. These
amendments ensure our
personal freedoms (expression,
speech, security, equality before
the law).
The next 17 amendments have been added
throughout the past 200 years. Many were
passed, and symbolized, historic changes (13th
abolished slavery, 18th banned alcohol, 21st
brought alcohol back).
*All of the amendments are intended to
improve upon the existing governmental
structure – they are well thought out, and
viewed as necessary by the vast majority.
Chapter 3.3: Constitutional Change by
Other Means
The Constitution is very skeletal in nature – it lays
out a basic foundation, but many of the details
are left open to change. Many changes have
been made to the Constitution which do not
involved any changes in its written words.
These changes are made in 5 basic ways:
1. Basic Legislation:
Congress has added to the
Constitution by passing
literally thousands of laws.
The Constitution established
Congressional powers, but
Congress has used these
powers as it has seen fit.
2. Executive Actions:
The way that presidents have used
their powers has helped the
Constitution to grow.
Examples:
A. Congress must declare war vs. commander in
chief.
B. “Treaties”: formal agreements between two or
more sovereign states require approval from
the Senate. “Executive agreements”: a pact
made by the president directly with the head
of a foreign state do, not require Senate
approval.
3. Court Decisions:
The Supreme Court constantly
interprets the Constitution
and its powers and
limitations – it decides what
can and cannot be done
under the law.
4. Party Practices:
Although the Constitution
makes no reference to
political parties, they not
only exist, but have a great
influence. Congress is
organized and conducted
on the basis of political
party (from resolutions to
nominations).
5. Custom:
Unwritten custom can be just as
strong as written law.
Example:
1. Custom says that the heads of the 15
executive departments make up the
“cabinet” (not the Constitution).
2. The “no third-term rule” for presidents,
was a custom that was followed for
almost 150 years. Franklin Delano
Roosevelt broke this custom in 1940.
*21st Amendment (1951)