Chapter 3

Chapter 3: The Constitution
Section 1

Copyright © Pearson Education, Inc. Slide 2Chapter 3, Section 1
Objectives
1. Understand the basic outline of the
Constitution.
2. Understand the six basic principles of the
Constitution: popular sovereignty, limited
government, separation of powers,
checks and balances, judicial review,
and federalism.

Key Terms
• popular sovereignty: the political
principle that people are the source of all
governmental power and that government
requires the consent of the governed
• limited government: the idea that
government may only do those things that
the people have given it the power to do
• constitutionalism: the idea that
government must be conducted according
to constitutional principles

Key Terms, cont.
• rule of law: the principle that government
and its officers must always obey the laws
of the land
• separation of powers: the principle that
each of the basic powers of government—
executive, legislative, and judicial—should
be wielded by an independent branch of
government

Key Terms, cont.
• checks and balances: the system under
which each branch of government can
check, or limit, the actions of the other
branches
• veto: to reject an act of Congress
• judicial review: the power of a court to
determine whether a government action is
constitutional or not

Key Terms, cont.
• unconstitutional: in violation of a
provision of the Constitution, and therefore
illegal and of no effect
• federalism: the principle that political
power should be divided between a
central government and a number of
regional governments

Introduction
• What are the six main principles on which the
Constitution is based?
– Popular Sovereignty
– Limited Government
– Separation of Powers
– Checks and Balances
– Judicial Review
– Federalism
– The Constitution embodies these key principles along
with describing the basic structure of our government.

Outline of the Constitution
• The Constitution is
organized in a simple
fashion and is fairly brief.
– In many areas it focuses
more on principles than
specific details. This
helps it guide the nation
through changing times.
– The seven articles are
followed by the 27
amendments.

Popular Sovereignty
• The principle that the
people are the only
source for all
governmental power.
– The government rules
through leaders elected
by the people to
represent the people.
– The Preamble notes that
the Constitution is
created by “We the
People.”

Limited Government
• Government may only
do those things the
people have given it the
power to do.
– Government must
obey the law.
– Much of the
Constitution spells out
limits on the power of
the government.

Separation of Powers
• Checkpoint: How does the separation of powers
keep government from becoming too powerful?
– The Constitution divides power among the legislative,
executive and judicial branches.
• Congress makes the laws, the President executes and
administers the laws, and the Supreme Court interprets
the laws.
– Separation of powers keeps a strong central
government from being too powerful.
• Too much power concentrated in any one branch could
lead to abuses of that power.

Checks and Balances
• Each branch of the federal government can check
the power of the other two.
– The President can veto bills passed by Congress, but
Congress can override a veto.
– The Senate can reject presidential appointees or refuse
to ratify a treaty.
– Congress can vote to impeach a federal official.
– The federal courts can rule that executive and legislative
acts are unconstitutional.

Checks and Balances, cont.
• The use of checks is
fairly rare.
– Compromise is more
common
– Conflicts more likely
when Congress and
the presidency are
controlled by different
parties.

Judicial Review
• The Courts can decide if a government action is
constitutional.
– The power of judicial review is held by all federal courts
and most state courts.
– Judicial review was established as a necessary power of
the courts by Supreme Court Chief Justice John Marshal in
the case Marbury v. Madison in 1803.
– Most acts are found to be constitutional, but the Supreme
Court has struck down many presidential, congressional,
and state measures over the years.

Federalism
• Federalism is a compromise between an all-
powerful central government and an independent
state government.
– It corrected the weaknesses of the Articles of
Confederation without replacing them with a British-
style monarchy.
– The Framers felt that too much governmental power
threatened liberty.
– Federalism helps prevent that power from being
abused, by dividing governmental power.

Federalism, cont.
• The Constitution divides power among the State
and Federal Governments.
– Why might the Constitution give the power to regulate
trade among the States to the Federal Government?

Review
• Now that you have learned about the six
main principles on which the Constitution
is based, go back and answer the Chapter
Essential Question.
– How has the Constitution lasted through
changing times?

Chapter 4: Federalism
Section 1

Objectives
1. Define federalism and explain why the
Framers chose this system.
2. Identify powers delegated to and denied
to the National Government, and powers
reserved for and denied to the States.
3. Explain the difference between exclusive
and concurrent powers.
4. Examine the Constitution as “the
supreme Law of the Land.”

Key Terms
• federalism: a system of government in which a
written constitution divides power between a central
government and several regional governments
• division of powers: assigning some powers to the
federal government and others to the States
• delegated powers: powers granted by the
Constitution
• expressed powers: powers specified clearly in the
Constitution
• implied powers: powers not specifically mentioned,
but suggested by the expressed powers

Key Terms, cont.
• inherent powers: powers that belong to all
independent national governments
• reserved powers: powers not given to the
national government or denied to the States
• exclusive powers: powers that can only be
used by the national government
• concurrent powers: powers shared by the
national and State governments
• Supremacy Clause: the provision declaring the
Constitution to be the supreme law of the land

Introduction
• How is power divided between the Federal
Government and the States?
– Certain exclusive powers, such as the power to coin
money, are exercised only by the federal government.
– Reserved powers, such as the power to establish
public schools, are exercised only by the States.
– Concurrent powers, such as the power to tax, are
shared by the States and the federal government.

Federalism
• The Framers believed that government power must be
divided and limited so that it cannot threaten individual
liberty.
• The Constitution divides power between the federal
government and the States through federalism.
– Federalism creates two basic levels of government
that overlap.
– Each level has some powers denied to the other level.

Federalism, cont.
• Federalism allows local governments to handle local
concerns while the national government deals with
national issues.
– This gives each of the States some flexibility when
dealing with challenges.
– Successful State programs, such as welfare reform,
can influence national policies as well as policies in
other States.
• Federalism also lets the nation respond in a united
way to serious crises like war or natural disasters.

Expressed Powers
• The congressional
powers specified in the
Constitution in Article I
include the power to coin
money, raise armed
forces, and levy taxes.
• Other expressed powers
are granted to the
President in Article II and
the Supreme Court in
Article III.

Implied Powers
• Checkpoint: Why is the Necessary and Proper
Clause sometimes referred to as the Elastic
Clause?
– The Necessary and Proper Clause gives Congress
the power to make all laws “necessary and proper” for
carrying out its expressed powers, so it is said to
stretch to cover many situations.
– Congress exercises many implied powers that are
based upon its expressed powers. These implied
powers include building the interstate highway system
and banning racial discrimination in public places.

Inherent Powers
• Every national government has certain powers,
called inherent powers. These inherent powers
are not based on the Constitution.
• Inherent powers
include acquiring
territory,
defending
the nation,
regulating
immigration,
and conducting
diplomacy.

Denied Powers
• The Constitution denies certain powers to the federal
government.
– Some powers are specifically denied, such as the
power to prohibit freedom of religion, speech, press,
or assembly.
– Other powers, like creating a national school system,
are denied because they cannot be based on
expressed powers.
– Finally, the national government cannot have powers
that would undermine the existence of the federal
system.

State Reserved Powers
• The 10th
Amendment reserves to the States all
powers not given to the federal government or
denied to the States.
– These powers include the police power, which lets a
State protect and promote public health, morals,
safety, and general welfare.
– State and local governments use the huge scope of
the reserved powers to perform many of their daily
actions.

State Reserved Powers, cont.
• Issuing driver’s
licenses is a power
reserved to the
States.
– Most States require a
written, on-road, and
vision test.
– The age at which
teenagers can get a
license and the rules
new drivers must
follow vary from State
to State.

Powers Denied the States
• The Constitution specifically denies some
powers to the States.
– Some of these powers are also denied to the federal
government.
– Other powers denied to the States are exclusive to
the federal government. For example, States
cannot tax imports or coin money, but the federal
government can.
• The States are denied some powers by the
nature of the federal system.
– No State can tax the federal government or regulate
interstate trade.

Concurrent Powers
• Concurrent powers are shared by the federal
government and State governments. They allow
the federal system to function.
• They include all powers not exclusive to the
national government or denied to the States.
– Local governments use these powers only with the
permission of their State.

Sharing Responsibility
• Some powers are exercised by both levels of
government, as you can see in the circle.
– Why do both
levels of government
have the power to establish
law enforcement agencies?

Supreme Law
• The Constitution is the supreme law of the land,
standing above all treaties and acts of
Congress.
– Below these federal laws come State laws.
• In a federal system, State and federal laws
sometimes conflict.
• The Supreme Court settles conflicts between
State and federal laws.
– The Court can rule a State or federal law to be
unconstitutional.

Supreme Law, cont.
• In the 1819 case McCulloch v. Maryland, the Court
ruled that when federal and State laws conflict, the
federal law wins if it is constitutional.
• How does the
disastrous result
in this cartoon
illustrate the
Supremacy
Clause?

Review
• Now that you have learned about how
power is divided between the Federal
Government and the States, go back and
answer the Chapter Essential Question.
– Is the federal system the best way to govern
the United States?

Section 2

Objectives
1. Identify the four different ways by which
the Constitution may be formally
changed.
2. Explain how the formal amendment
process illustrates the principles of
federalism and popular sovereignty.
3. Understand that several amendments
have been proposed, but not ratified.
4. Outline the 27 amendments that have
been added to the Constitution.

Key Terms
• amendment: a change to the written words of
the Constitution
• ratification: the act of approving a proposed
amendment
• formal amendment: one of four ways to change
or add to the written language of the Constitution
• Bill of Rights: the name given to the first ten
amendments to the Constitution, which
guarantee many basic freedoms; all ten
amendments were ratified in 1791

Introduction
• How has the Constitution been amended
through the formal amendment process?
– The majority of amendments have been
proposed by a two-thirds vote of Congress
and ratified by three-fourths of the state
legislatures.
– An amendment can also be ratified by state
conventions held in three fourths of the states.
This has only happened once.

Changing with the Times
• The amendment process allows the
Constitution to adapt to the changing
needs of our nation and society.
– The United States has gone from a farming
nation of less than 4 million people to a high-tech
country with a population of more than 300
million.
– Portions of the Constitution have been added,
deleted, or altered as a result of amendments.

The Amendment Process
• Article V of the Constitution describes the
amendment process.
– Amendments may be proposed:
• By a two-thirds vote of each house of
Congress. [Done for 26 of 27 amendments.]
• By a national convention called by Congress at the
request of two-thirds of the state legislatures.
[Done for the 21st
amendment.]

The Amendment Process, cont.
• Amendments can be ratified:
– By three-fourths of
the state legislatures.
– By conventions in
three-fourths of the
states. [A method
not yet used.]

Federalism
• Checkpoint: How does the federal amendment
process reflect the concept of federalism?
– Amendments are proposed at the national level and
ratified at the state level by legislatures or
conventions.
– A state can reject an amendment and later decide to
ratify it.
• But a state cannot change its mind after it votes to ratify
an amendment.
– The President cannot veto proposed amendments.

Popular Sovereignty
• The amendment process is based on popular
sovereignty.
– The people elect the representatives who vote to propose
or ratify amendments.
– Some critics argue that conventions are a better way to
ratify amendments than state legislatures, because state
legislators are rarely elected based upon their views on an
amendment.
– The Supreme Court has ruled that states cannot require a
proposed amendment to be approved by popular vote
before the state legislature can ratify it.

The Bill of Rights
• Checkpoint: What is the purpose of the Bill
of Rights?
– They spell out many basic rights and liberties.
– Many people would not support the
Constitution until a Bill of Rights was
promised.

Proposed Amendments
• Most suggested amendments are never
proposed by Congress.
– Congress has sent only 33 of some 15,000
suggested amendments to the states.
• Six proposed amendments were not ratified by
the states.
– Congress can set a “reasonable” time limit for
ratification, usually around seven years.
• Failed amendments include one declaring the equal rights of
women (ERA) and one banning amendments dealing with
slavery.

The 27 Amendments
• Many of the 27 current amendments were
proposed in response to legal disputes,
social conflicts, or perceived constitutional
problems.
– The 12th
Amendment resolved a problem with
the presidential election process.
– The 13th
Amendment abolished slavery.

The 27 Amendments, cont.
• The 15th
, 19th
, and 26th
Amendments each
extended voting rights
to a new segment of
society:
– African Americans
– Women
– 18-year olds
Inez Milholland

• 1791 - Amendments 1-10
– Bill of Rights
• 1795 - Amendment 11
– States immune from certain lawsuits
– Changes in electoral college
procedures
– Abolition of Slavery
– Citizenship, equal protection, and due process
– No denial of vote because of race, color or previous
enslavement

– Congress given the power to tax
incomes
– Popular election of U.S.
– Senators
– Prohibition of alcohol
– Women’s suffrage
– Change of dates for presidential and congressional terms
– Repeal of prohibition (Amendment 18)

– Limit on presidential terms
– District of Columbia allowed to vote in presidential elections
– Ban of tax payment as voter qualification
– Presidential succession, vice presidential
vacancy, and presidential disability
– Voting age changed to 18
– Congressional pay

Review
• Now that you have learned how the
Constitution has been amended through
the formal amendment process, go back
and answer the Chapter Essential
Question.
changing times?

Section 3

Objectives
1. Identify how basic legislation has added
to our understanding of the Constitution
over time.
2. Describe the ways in which the executive
and judicial branches have interpreted
the Constitution.
3. Analyze the role of party practices and
custom in interpreting the Constitution.

Key Terms
• executive agreement: a pact made by
the President directly with the head of a
foreign state
• treaty: a formal agreement between two
or more independent states
• electoral college: the body of electors
that makes the formal selection of the
President

Key Terms, cont.
• Cabinet: a body made up of the heads of
the 15 executive departments that advises
the President
• senatorial courtesy: the Senate custom
of refusing to approve any presidential
appointee unless that person has the
support of all Senators from the
appointee’s home state who belong to the
same party as the President

Introduction
• How have the day-to-day workings of the
government affected how we interpret the
Constitution?
– Congress passes new laws.
– Presidents push to expand executive power.
– The Supreme Court makes key rulings on
constitutional issues.
– Political parties influence the governing process.
– Customs develop over time.

The Role of Congress
• Congress has expanded upon basic
constitutional provisions.
– Congress created much of the specific structure of the
federal government.
– Congress established the federal court system—the
Constitution created only the Supreme Court.
– Congress created the many departments and agencies in
the executive branch.
– Congress has clarified issues such as the succession of
the Vice President.

Powers of Congress
• Congress passes laws that clarify its own
constitutional powers.
– The Constitution describes some congressional
powers in vague terms.
• For example, Congress has the power to regulate
foreign trade and interstate commerce.
– Over the years, Congress has passed thousands
of laws that detail just what is meant by words like
“regulate,” “trade,” “interstate” and “commerce.” In
the process, it has interpreted the meaning of the
Constitution.

Expanding Executive Power
• Presidents have increased their constitutional
powers by taking a broad interpretation of such
powers.
– Often this involves avoiding the need to gain
congressional approval.
• For example, only Congress can declare war. But while
acting as commander-in-chief, many Presidents have
sent military forces into combat without a formal act
of war.
• The Senate must approve formal treaties. But
Presidents can and do enter into legally binding
executive agreements with foreign leaders without
asking for Senate approval.

Presidential Power
• The Constitution grants the President
“executive power.”
– Most Presidents argue that this power
includes the authority to do things not
specifically mentioned in the Constitution.
• For example, Thomas Jefferson used it as a
justification for acquiring new territory for the
United States when he purchased the Louisiana
Territory in 1803.

The State of the Union
• While an address to
Congress is required by
the Constitution, the
method of address is left
to each President.
– Harry Truman’s State of
the Union was the first
televised address.
– Today, the State of the
Union is an annual
televised address to
Congress and all
Americans.

The Courts
• The nation’s courts, particularly the Supreme
Court, interpret the Constitution on a regular
basis.
– The power of judicial review gives the Court the
power to declare laws unconstitutional.
– Declaring that a law is constitutional also involves
interpreting the Constitution.
– Each type of ruling sets a precedent for interpreting
future laws.

Political Parties
• The Constitution does not mention political
parties.
– Most of the Framers actually opposed parties,
fearing they would divide the government.

• Yet parties are very
influential in our
political process.
– The daily business
and the committee
system of Congress
are organized around
party membership.
Political Parties, cont.

Political Parties, cont.
• Checkpoint: How have political parties changed
the way we interpret the Constitution?
– The Constitution says nothing about the nomination
process.
– Political parties use state primaries and national
conventions to choose candidates.
– Parties also influence the selection of electors to the
electoral college.
– Party membership also influences the President’s
decision-making process when choosing political
appointees.

Customs
• Unwritten customs can be as influential as
written laws.
– The President’s Cabinet exists solely as a
result of custom rather than any laws.
– The custom of senatorial courtesy guides the
appointment of public officials.

Customs, cont.
• Ever since George Washington, Presidents
had limited themselves to two terms in office.
• After Franklin Roosevelt was elected to four
consecutive terms from 1932 to 1944, the
two-term limit was made into law by
passage of the 22nd
Amendment in 1951.

Customs, cont.
• Checkpoint: Which customs did the
22nd and 25th Amendments establish
as laws?
– For years, the Vice President assumed the
office of the presidency when the President
died.
– But this was not a formal law until ratification
of the 25th
amendment in 1967.

Review
• Now that you have learned how the day-
to-day working of the government have
affected how we interpret the Constitution,
go back and answer the Chapter Essential
Question.
changing times?

Chapter 3

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Chapter 3

Editor's Notes