The Constitution What is the purpose of the Preamble? To state the broad purposes of the Constitution, and introduce the concepts of popular sovereignty and representative government that it will explain in detail. The Constitution divides the government into the: 1. Legislative branch which has the power to make the laws 2. Executive branch which has the power to enforcing the laws 3. Judicial branch which has the power to interpret and apply the laws Why did the framers of the Constitution separate the powers? Give an example of how each branch checks the other branches. (pgs. 67-68) What Supreme Court case established the power of judicial review? Why was it so important for the framers to have a system of federalism? What does it mean when we describe the Constitution as a “living document?” What is federalism? The Constitution lays out the basic framework and procedures of our government, and sets out the limits of our government. It begins with a short introduction, the Preamble, which declares “We the People of the United States… do ordain and establish this Constitution for the United States of America.” It consists of seven articles and 27 amendments. The Constitution is built around six basic principles o _______________________ —The people are the only source for any and all governmental power. The people have given the government its power. o ______________________ (rule of law)Government has only the authority the people have given it. The government must obey the law and must be conducted according to constitutional principles or constitutionalism. Government is subject to the law is never above the law. o ______________________ -- The Constitution distributes the power among three distinct branches of government. o ______________________-- Each branch has certain powers with which it can check the operations of the other two branches. Each of the branches are linked together. o _____________________-- Is the power of the court to determine the constitutionality of a governmental action or to declare a law unconstitutional. o _____________________-- The division of power among a central government and state governments. Outline of the Constitution: (p.65) o Article I— o Article II— o Article III— o Article IV— o Article V— o Article VI— o Article VII-- The Constitution How does the formal amendment process reflect federalism? In your own words describe three freedoms protected by the Bill of Rights. Explain this cartoon. Give an example for each using pages 79-82: 1. Basic Legislation— Amending the Constitution or changing its written words Formal Amendment—changes that become part of the written language of the Constitution itself. There are four methods to making formal changes. Explain each one in your own words using page 73 of the textbook. o First Method— o Second Method— o Third Method— o Fourth Method— All amendments have been added to the Constitution by a proposed two-thirds vote in each house of Congress and ratified by three fourths of the State legislatures except one. The 21st amendment was proposed by Congress and ratified by three fourths of the State legislatures. Proposed Amendments—The formal amendment process proposal takes place at the national level and ratification is a State-by-State matter. More than 10,000 joint resolutions for amendments have been proposed, more on 33 have been sent to the states. Of those only 27 have been ratified. The Bill of Rights—the first ten amendments. They establish certain guarantees for the people. Each of the ten arose out of the controversy surrounding the ratification of the Constitution. Twelve amendments were added to the Constitution during the 20th Century, the last one was in 1992. The Constitution 2. Executive Action— 3. Court Decisions— 4. Party Practices— 5. Custom— Informal Amendment—over time changes have been made to the Constitution that did not involve any changes to its written words. o Basic Legislation—Congress has passed laws that spell out several of the Constitution’s brief provisions or add meaning to them. o Executive Action—Actions taken by the President o Court Decisions—Decisions made by the Supreme Court that interpret and apply the Constitution in many cases they hear o Party Practices—They have played a role in the shaping of government and is processes o Custom—Because that is the way it has always been done The Constitution