Chapter 3
The
Constitution
An Outline
• Endured for 200 years because it
deals with basic principles –
not details and it has built-in
provisions for accommodating change
• Starts with Preamble – Introduction
• Articles – seven
•I. Legislative branch
•II. Executive branch
•III. Judicial branch
Amendments
• Amendments – 27
• Bill of Rights – 1st 10
– FIRST place where
basic rights are
mentioned –
• Added after the
Constitution was
ratified – help get it
passed
The 6 Basic Principles
• This is the
basis for all
political and
personal
beliefs which
we now take
for granted.
Popular sovereignty
• 1. Popular Sovereignty all
political power resides with the
people :
• We the People!
Limited government
• 2. Limited Government
: government may only do those
things the people have given it
the power to do:
• Rule of law; a nation run by
laws, not by people.
Separation of Powers
• 3. Seperation
of Powers
: powers
distributed
between
executive,
legislative,
judicial
branches
Judicial Review
•4. Judicial Review
: Courts have power
to check that
government actions
are constitutional.
Checks and Balances
• 5. Checks and Balances
: each branch has certain
powers that it can use to
check the operations of the
other two.
a. Congress
b. Judicial
c. Executive
See page 68
Federalism
• 6. Federalism – some
power held by National
Gov’t (Washington D.C.)
and others belong to
the 50 states.
Federalism
Formal Amendment Process
• Amendment – change Constitution
• Most common method:
• Proposed by Congress by 2/3 votes
in both houses
• Ratified by the State legislatures of
¾ of the States
• Draw chart –
page 73 top 2
boxes
Important Amendments
•
•
•
•
•
•
•
Bill of Rights – 1st 10 Amendments
13th – abolish slavery
18th – prohibited sale / use of alcohol
19th – gave women right to vote
21st – repealed 18th
26th – lowered voting age to 18
27th – forbids Congress from raising
pay during that term – ratified 203
years after proposed
Informal Amendment
• Results from
daily experiences
• Doesn’t involve
changes in
written words
• Tradition and
accepted habits
• 1. Basic Legislation –
spells out general
Constitutional
principles
• Way powers are used
• 2. Executive
Action – way
President uses
powers
• Executive
agreement – deal
made with head
of a foreign state
– carries the
same force of
law as treaty
President
Judicial
• 3. Court decisions –
Supreme Court interprets
Constitution –
ie: abortion (Roe vs. Wade)
• 4. Political party
practices –
made electoral
college (group
that makes
formal selection
of President)
into rubber
stamp for each
State’s popular
vote in
presidential
elections
• 5. Custom –
unwritten traditions – Cabinet (14
department heads advise
President)