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Ch. 3 The Constitution


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Ch. 3 The Constitution

  1. 1. The Constitution
  2. 2. 1) the judicial branch 2) the president 3) the legislative branch
  3. 3. Outline of the Constitution <ul><li>Sets out basic principles upon which govt. in the United States was built and operates. </li></ul><ul><li>Broken down into the Preamble and articles. </li></ul><ul><li>27 Amendments </li></ul>
  4. 4. Articles <ul><li>First three deal with the branches of govt. They outline basic organization and powers of each branch. </li></ul>
  5. 5. Articles <ul><li>Four deals with the place of states within the Union. </li></ul><ul><li>Five explains how formal amendments may be added. </li></ul><ul><li>Six declares that the Constitution is the Supreme law of the land. </li></ul><ul><li>Seven deals with ratification of the document. </li></ul>
  6. 6. Basic Principles <ul><li>Popular Sovereignty </li></ul><ul><li>Limited Govt. </li></ul><ul><li>Separation of Powers </li></ul><ul><li>Checks and balances </li></ul><ul><li>Judicial Review </li></ul><ul><li>Federalism </li></ul>
  7. 7. <ul><li>Popular Sovereignty </li></ul><ul><li>Political power resides with the people. They are the only source for any and all governmental power. </li></ul><ul><li>Limited Govt. </li></ul><ul><li>No govt. is all powerful. It may do only those things that people have given it authority to do. </li></ul><ul><li>Govt. must obey the law. </li></ul><ul><li>Govt. and its officers are always subject to and never above the law. </li></ul>
  8. 8. <ul><li>Separation of Powers </li></ul><ul><li>Powers are distributed among the branches so no one single entity has too much power. </li></ul><ul><li>Checks and Balances </li></ul><ul><li>Three branches depend on one another. </li></ul><ul><li>Each branch is subject to a number of restraints. </li></ul><ul><li>Balances out the power of govt. among the branches. </li></ul>
  9. 9. <ul><li>Judicial Review </li></ul><ul><li>Power for the courts to determine whether or not the govt. acts in a Constitutional manner. </li></ul><ul><li>Established by the landmark case of Marbury v. Madison </li></ul><ul><li>Federalism </li></ul><ul><li>Powers are distributed on a territorial basis. </li></ul><ul><li>There are two major components: Central govt. and regional govts. </li></ul>
  10. 11. Amendments <ul><li>Our Constitution has changed from its original documentation in 1787. </li></ul><ul><li>These changes are known as amendments. </li></ul><ul><li>Happens in two basic ways </li></ul><ul><ul><li>Formal Amendment </li></ul></ul><ul><ul><li>By informal means </li></ul></ul>
  11. 12. Formal Amendment Processes
  12. 13. Formal Amendments <ul><li>4 methods of formal amendment as set forth by Article V. </li></ul><ul><li>First Method- may be proposed by 2/3 vote in each house of Congress. </li></ul><ul><li>Second Method- proposed by Congress and ratified by conventions in ¾ of the states. </li></ul>
  13. 14. <ul><li>Third Method- Proposed by National convention, called by Congress at the request of 2/3 of the State legislatures. </li></ul><ul><li>Fourth Method- Proposed by National convention and ratified by conventions in ¾ of the States. </li></ul>
  14. 15. Amendment Process <ul><li>More than 10,000 joint resolutions calling for amendments since 1789. </li></ul><ul><li>33 have been sent to the States. Only 27 have been ratified. </li></ul>
  15. 16. The first 10 are known as the Bill of Rights.
  16. 18. Informal Process <ul><li>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. </li></ul><ul><li>The informal amendment process can take place by: </li></ul><ul><li>(1) the passage of basic legislation by Congress. </li></ul><ul><li>(2) actions taken by the President. </li></ul><ul><li>(3) key decisions of the Supreme Court. </li></ul><ul><li>(4) the activities of political parties. </li></ul><ul><li>(5) custom. </li></ul>
  17. 19. Basic Legislation <ul><li>Congress has been crucial to constitutional change in two major ways. </li></ul><ul><ul><li>Passed a number of laws to spell out several of the Constitution’s brief provisions. </li></ul></ul><ul><ul><li>Has added to the Constitution by the way in which it has used many of its powers. </li></ul></ul>
  18. 20. Executive Action <ul><li>Presidents have use the military abroad in combat without a Congressional declaration of war. </li></ul><ul><li>Presidents make treaties and executive agreements with other heads of state. </li></ul>
  19. 21. Court Decision Party Practices <ul><li>Interpret and apply the Constitution through the exercising of judicial review. </li></ul><ul><li>Neither the Constitution nor any law provides for the nomination of candidates for the presidency. </li></ul>
  20. 22. Custom <ul><li>By custom, the heads of the 15 executive depts. make up the Cabinet. </li></ul><ul><li>Lines of succession are established by custom and this forces changes in policy. </li></ul><ul><li>Presidential terms have forced changes. </li></ul>
  21. 23. Categorize the 27 Amendments by the type and term that they cover in the Constitution. 20 th Century Civil War Bill of Rights