Chapter 3
The Constitution
Sections 3 and 4
Separation of Powers,
Checks and Balances,
and Amending the
Constitution
Maintaining a Republic
 A republic offers opportunities for abusing political
power.
 Constitutional controls are needed to restrict those
opportunities.
 The U.S. Constitution provides two main safeguards
against tyranny:
• Separation of powers
• Checks and balances
“Ambition must be made to counteract ambition.”
(James Madison, The Federalist No. 51)
© EMC Publishing, LLC
Separation of Powers and
Checks and Balances
© EMC Publishing, LLC
Separation of Powers
 Articles I, II, and III of the Constitution establish three
separate branches of government: legislative, executive,
and judicial.
 Separation of Powers- Division of the legislative,
executive, and judicial powers among different persons.
 No branch can act entirely independently, yet none can
be entirely dependent on the others.
 Creating this interrelationship between branches is a
unique way of preventing tyranny.
 Parliamentary system involves a fusion of powers.
Separation of Powers
Violation Examples
 The prime minister is a member of the legislature.
 The prime minister can call an election when the timing
benefits his or her party.
 Parliament can force the prime minister out of office by a
vote of no confidence.
© EMC Publishing, LLC
Checks and Balances
 Fusion of Powers
• Combining all components of governmental powers
into one branch.
• Example: A federal judge is elected to Congress.
 “Republican Remedy”
• James Madison’s idea to allow the government to
govern itself.
 Legislative check- impeaching an official
 Executive check- pardoning
 Judicial check- declaring a law unconstitutional
Articles
 Article I
• Sets up the bicameral legislature and gives the president
the right to veto.
 Article II
• Gives the president the power to recommend and carry out
laws. Also: appointing ambassadors, addressing
Congress, and making treaties. President is the
commander in chief, however, only Congress can declare
war.
 Article III
• Establishes a Supreme Court.
 Similar to the French Constitution but different in that:
• French guarantee right to representative government.
• French outlaw racial and religious discrimination.
• French specify a national language.
Your Turn
What is the difference between the principle of separation of
powers and the principle of checks and balances? In your
answer, include an example of how our Constitution uses
each principle.
© EMC Publishing, LLC
Amending and Interpreting the
Constitution
Formal Amendment
 Passing amendments is the only way to change the
Constitution officially.
 Amending the Constitution through legislation allows the
government to carry out its constitutional duties.
 The founders intentionally made it difficult to amend the
Constitution.
 Amendments are arranged in the order adopted.
Interpretation
 Through laws, executive orders (agreements), court
decisions, and custom, the government can change the
way we interpret the Constitution. Final interpretations
are done by the Supreme Court.
Formal Amendments
 10,000 amendments have been proposed.
 Of those, only 27 have been enacted.
 The amendments we have passed serve four general
purposes:
• To increase equality
• To guarantee rights
• To improve government functioning
• To make policies
 According to some political observers, the threat of easy
amendment processes is a regulation which was once
useful becomes a burden over time.
 Three-fourths vote to pass an Amendment.
Amendments to the
Constitution
Categories
Amendment
Numbers
Years Ratified
Bill of Rights
I–X
1791
Pre–Civil War
XI–XII
1795–1804
Civil War–
Reconstruction
XIII–XV
1865–1870
Twentieth Century XVI–XXVII
© EMC Publishing, LLC
1913–1992
Process for Amending the
Constitution
© EMC Publishing, LLC
Your Turn
Turn to Figure 3.4, on page 92, in your textbook. Choose the
six amendments that you think are the most important
additions to the U.S. Constitution, and rank them in order
of importance (with 1 being most important). Briefly
explain your choices.
© EMC Publishing, LLC