The Constitution Notes

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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

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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
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