Presentation Pro
Magruder’s
American Government
CHAPTER 3
The Constitution
© 2001 by Prentice Hall, Inc.
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
CHAPTER 3
The Constitution
Warm-Up
Explain the concepts of Constitutionalism
and The Rule of Law
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Chapter 3
An Outline of Govt.
• The Constitution Sets out basic
principles rather than a detailed plan.
.. Pro or Con?
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Chapter 3, Section 1
An Outline of Govt.
• The Constitution is a fairly brief
document. Contrast this with the U.S.
legal code…Why??
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Chapter 3, Section 1
An Outline of Govt.
• How is the Constitution organized?
• briefly explain the purpose of each
one
• Preamble
• Articles 1-7
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Chapter 3, Section 1
An Outline of Govt.
• 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
Subject
Preamble
Article I
States the purpose of the Constitution and introduces the
concepts of popular sovereignty and republicanism
Legislative branch: structure/ roles/responsibilities
Article II
Executive branch: structure/ roles/responsibilities
Article III
Judicial branch: structure/ roles/responsibilities
Article IV
Relations among the States and with the National
Government: Defines the federal nature of our Govt.
Amending the Constitution: Rulebook for change
Article V
Article VI
Article VII
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National debts, supremacy of national law, and oaths of
office
Ratifying the Constitution: Instructions…used once
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Chapter 3, Section 1
Three of the Basic Principles: What is it? How does it
work? Provide an Example from the Constitution
• 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.
• limited government
•states that government is restricted in what it may do
by the expressed powers and the Bill of Rights.
• 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: What is it?
How does it work? Provide an Example
• Checks and balances
is the system that allows the legislative,
executive, and judicial branches to check, or
restrain, the actions of one another.
• judicial review
consists of the power of a court to determine the
constitutionality of a governmental action.
• Federalism
a system of government in which the powers of government are
divided between a central government and several local
governments.
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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
Amending the Constitution
• The Constitution provides for its own
amendment—that is, for changes in its
written words. Where do we find those
instructions?
• 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
•
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
Wrap-Up
• Why does the Constitution require
an extraordinary majority for the
ratification of amendments?
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SECTION 3
Informal Amendment
• 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
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;
The “inferior “courts, Executive branch offices, presidential succession
(2) actions taken by the President…The problem with article 2??
War Powers, executive agreements, signing statements
(3) key decisions of the Supreme Court;
(4) the activities of political parties;
Primaries and caucuses, electoral college, debates
(5) custom.
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Chapter 3, Section 3
Executive Action and Court Decisions
Executive Action
•
•
Presidential actions have
produced a number of
important informal
amendments, such as the
use of the military under
the power of commander in
chief.
An executive agreement
is a pact made by the
President directly with the
head of a foreign state.
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Signing Statement
* A statement by the
president in regard to how
she interprets a law and
intends to enforce it
Court Decisions
•
The nation’s courts, most
importantly the United
States Supreme Court,
interpret and apply the
Constitution in many cases
they hear.
Chapter 3, Section 3
Political Parties and Custom
Political Parties
• The rules for the selection
of candidates
-
•
Primaries and caucuses
The electoral college
selection
Custom
• Cabinet – heads of
executive agencies make
up the presidents
“advisory board”
•
Two “slates” of electors
both selected by the parties
•
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Senatorial Courtesy –
Senators have a say over
presidential appointments
in their states
Presidential term limits A lesson on the strength
of tradition: 22nd
Amendment
The Founders’ Great Mistake, Epps
•
•
•
What, according to Epps, was remarkable about the creation of the
American presidency?
Why is Art. II so vague?..
Describe Hamilton’s vision of the, “unitary President.”
How did he contrast the powers of the executive with that of the legislature?
What did he point to as proof?
How did the Bush Admin. Adopt Hamilton’s view?
•
Do we find in this article, another, more plausible reason, for the
electoral college?
•
Why has the electorate tolerated the “unitary” executive as espoused by
Hamilton?
•
Do any of Epps’s reform proposals merit attention?
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