Chapter Three
The Constitution
Section One
The Six Basic Principles
About the Constitution
• Brief, about 7000 words
• Strength in the principle, not the detail
• Structure
– Preamble ( 6 reasons)
– Seven Articles
– 27 Amendments
Six Basic Principles
Popular Sovereignty
• People are the source of power
• “We the People…”
Limited Government
•
•
•
•
No government is all-powerful
Limited by what people allow it to do
Constitutionalism
Rule of law
Separation of Powers
• Division of power among three branches
– Legislative (Congress)
– Executive (President)
– Judicial (Courts
Checks and Balances
• Each branch is subject to the restraints by
the other two branches
• Page 68 in book
Judicial Review
• Power of courts to determine if what
government does is constitutional
• Marbury v. Madison
– 1803
– Power first used
Federalism
• Powers of government divided between
national (federal) government and state
governments
• Helped balance the need for a strong
national government while allowing for the
unique needs of each state
Section 2
The Formal Amendment Process
Background
• Our constitution has
lasted 200+ years
with little change
• It is a “living”
document
Formal Amendments
• Written changes that become a part of the
document itself
• 27 total
• Article V gives 4 methods
Four Possible Methods
Proposal by 2/3
vote in each
house
Proposal by a
National
Convention
called at the
request of 2/3 of
the state
legislatures (34)
1
2
Ratified by ¾ of
the state
legislatures (38)
3
4
Ratified at state
conventions in ¾
of the states
• 1 – 26 out of 27
adopted this way
• 2 – 21st Amendment
adopted this way
• 3 & 4 – Never used
Example of Federalism
• Always proposed at the National level
(2/3)
• Always ratified at the State level (3/4)
Example of Popular Sovereignty
• Action of change represents the will of the
people
Proposed Amendments
• No presidential action is required
• This is NOT law-making
• Only 33 of 10,000 have actually made it to
the states
The 27 Amendments
• Bill of Rights
– First 10, added in 1791
– Constitutional guarantees
of freedom, self-expression,
due process of law, and
security
• Later Amendments
– Not major changes
– Most came about due to
historical events
Section Three
The Informal Amendment Process
Constitutional Interpretation
Occurs in Five Basic Ways
Basic Legislation
• Laws are passed to
execute the
Constitution’s
provisions
• Congress has added
to the Constitution by
the way it has used
many of its powers
Executive Action
President’s use of their powers interpreted
differently over the years
– Ex. Power as Commander in Chief allows
them to enter war without Congressional
approval
Executive Agreements
– Foreign affairs
Court Decisions
• Courts interpret and
apply the words of the
Constitution
• Landmark cases
– Marbury v. Madison
(judicial review)
– McColluch v. Maryland
(supremacy)
– Gibbons v. Ogden
(commerce)
Party Practices
• No mention of political
parties
• National conventions
held since 1830s
• Role of electoral
college (now just
rubber stamp)
• System of organizing
Congress
Customs
• The President’s
Cabinet
• Senatorial Courtesy
• No third term “rule”
Fun Fact:
The term "Cabinet" comes from the Italian word Cabinetto,
meaning "a small, private room."
A good place to discuss important business without being interrupted.