Chapter 3: The Constitution

Outline of Constitution

1) The Constitution is organized it is simple fashion it is fairly brief b. Contains a preamble seven articles and 27 amendments c. The subject of the first three articles of the Constitution is the structure of the federal government 1: The Congress (legislative) 2: The presidency (executive) 3: The federal courts (judicial)

Changing with the Times

1) The amendment process allows the constitution to adapt to the changing needs of our nation and society

Limited Government

1) no government is all powerful. The government may only do those things that people have given it the power to do.

Separation of Powers; How does the separation of powers keep government from being too powerful?

•The Constitution divides power among the legislative executive and judicial branches. a) Congress makes the law, the president execute and administers the law, and the Supreme Court interprets the law

The State of the Union

•While and address to to congress is required by the constitution, the method of address is left to each President. -Today the state of the union is an annual televised address to Congress and all Americans.

The Amendment Process

1) Article 5 of the Constitution describes the amendment process. a. Amendments may be proposed 1) by a two-thirds vote of each house of congress. (Done for 26 of 27 amendments) 2) by a national convention called by congress at request of two-thirds of the state legislatures (done for the 21st amendment) 2) Amendments can be ratified a) by three-fourths of the state legislatures (done for 27 of 27 amendments) b) by conventions in three-fourths of the states

Checks and Balances

1) Each branch of the federal government can check the power of the other two branches a. The president can veto bills passed by Congress but Congress can override a veto b. The Senate can reject presidential appointees or refused to ratify a treaty c. Congress can vote to impeach a federal official d. The federal courts can rule that executive and legislative acts are unconstitutional

How has the Constitution lasted through changing times?

1) The Constitution has remained flexible enough to guide the US through changing times for several reasons A. Most importantly it describes some very basic principles that constitute the guiding philosophy of the republic. These principles are broad in nature and are meant to limit the government and describe how it should function. 1) The Constitution is also flexible because it can be formally amended to suit changing times. Through the amendment process, The states and the national government can work together to keep the constitution responsive to the will of the people. 2) in addition the provisions laid out in some sections of the constitution or skeletal provide an opportunity for Congress to flush out the operations of government through legislation that addresses the needs of the times a. For example there's only a very basic description of the cords in the constitution. Congress has established a complex modern court system through the laws it has passed since the Constitution was adopted 3) finally common customs and usage such as political parties and senatorial courtesy have shaped and influence the way the constitution has been interpreted and used throughout history.

Judicial Review

1) The courts can decide if a government action is constitutional a. The power of judicial review is held by all federal court and most state courts b. Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshall in the case Marbury versus Madison in 1803

Popular Sovereignty

1) The principle that the people are the only source for all governmental power (consent of the governed) a. The government rules through leaders elected by the people to represent the people

Federalism

1) federalism is a compromise between an all-powerful central government and an independent state government. It means the division of power among a central government and the states.

Popular Sovereignty

1) the amendment process is based on popular Sovereignty. a. The people elect representatives who vote to propose or ratify amendments b. Some critics argue that conventions are a better way to ratify amendments then state legislatures because state legislators are rarely elected based upon their views on an amendment

Customs

1) unwritten customs can be as influential as written laws. A. The presidents cabinet exists solely as a result of custom rather than any laws. Today, 15 executive departments exist in the executive branch. 3) 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

💙 What does Jordan mean when she says she was not included in "We the people"? What does she say corrected this problem?

1. As an African American and a woman, Jordan's rights would not have been protected by the constitution at the time it was written, nor for many years thereafter. She would not have had the right to vote, hold office, or even be free like a white male at the time of the Constitution. 2. She points out that by amendment such as the 13th amendment which abolished slavery the 15th amendment which grants the right to vote to people of all races and the 19th amendment which branch women the right to vote the constitution was eventually updated and corrected to include people of all races and both genders in the rights and freedoms it protects. 3. She also credits court decisions and the popular interpretation of the Constitution with bringing about these positive changes. 4. Because of the people's ability to amend and interpret the Constitution Jordans faith in the document is strong.

The Role of Congress

1. Congress has expanded upon basic constitutional provisions to help explain the meaning of the Constitution B) congress established the federal court system- the Constitution created only the Supreme Court

The 27 Amendments

1. Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems. b) the 13th amendment abolished slavery and was passed as a result of the Civil war. 2. The 15th, 19th and 26th Amendments each extended voting rights to a new segment of society (18 years old- 26th amendment)

Proposed Amendments

1. most suggested amendments are never proposed by Congress. a) Congress has sent only 33 of some 15,000 suggested amendments to the states so most resolutions proposed by Congress never make it to the states b) six proposed amendments were not ratified by the states c) Congress can set a reasonable time limit for ratification usually around seven years 1. Field amendment include one declaring that equal rights of women and one banning amendments dealing with slavery

Political Parties

2) yet parties are very influential in our political process and are a major agent of change

Powers of Congress

Congress passes laws that clarify provisions of the Constitution and its own constitutional powers b) over the years, congress has passed thousands of laws that detail just what is meant by the words like "regulate," "trade," "interstate" and "commerce". In the process it has interpreted the meaning of the Constitution and "filled in the blanks" left by the Framers of the Constitution.

The Courts

Interpretation is the main informal method of modifying the Constitution. The nations courts, particularly the Supreme Court, interpret the Constitution on a regular basis.

Political Parties; How have political Parties changed the way we interpret the Constitution?

Political Parties use state primaries and national conventions to choose candidates, such as, the nomination of a presidential candidate.

Section 1 Intro: what are the six main principles on which the constitution is based?

Popular Soverignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, Federalism

💙 How has the Constitution lasted through changing times?

The Constitution has remained flexible enough to guide the United States through changing times for several reasons: 1) Most importantly, IT described some very basic principles that constitute the guiding philosophy of the republic. (These principles are broad in nature and are meant to limit the government and describe how it should function) 2) The constitution is also flexible because it can be formally amended to suit changing times (through the amendment process, the states and the national government can work together to keep the Constitution responsive to the will of the people.) 3) The provisions laid out in some sections of the constitution are skeletal providing the opportunity for congress to flesh out the operations of government through legislation that addresses the needs of the times. (For example there is only a very basic description of the courts in the constitution, congress has established the complex modern court system through the laws it has passed since the constitution was adopted) 4) finally common customs and usage such as political Parties and senatorial courtesy have shaped and influenced the way the constitution had been interpreted and used throughout its history

Presidential Power

The constitution grants the President "executive power." Presidents actions have expanded this power.

Section 2 Intro; How has the Constitution been amended through the formal amendment process?

a) The majority of amendments have been proposed by two thirds vote of Congress and ratified by three fourths of the state legislator b) an amendment can also be ratified by state conventions held in three fourths of the states. This has only happened once

Federalism; How does the federal amendment process reflect the concept of federalism?

a) amendments are proposed at the national level and ratified at the state level by legislatures or conventions. This is an example of federalism. b) a state can reject an amendment and later decide to ratify it

Section 3 Introduction; How have the day-to-day workings of the government affected how we interpreted the Constitution?

a) congress passes new laws b) presidents push to expand executive power c) the Supreme Court makes key rulings on constitutional issues d) political parties influence the governing process e) customs develop over time

The Bills of Rights; What is the purpose of the Bill of Rights?

a) they spell out many basic rights and liberties b) many people would not support the constitution until a bill of rights was promised. They feared a too powerful government might abuse its citizens

Bill of Rights 💙

the first ten amendments are called the bill of rights. a) they mostly protect individual rights and freedoms such as freedoms of believe in expression freedom of the press and assembly right to bear arms and fair and equal treatment before the law b) these amendments limit the power of the federal government and protect the people of the United States from abuse by their state and federal governments and court systems c) The bill of rights upholds the principles of limited government and popular sovereignty

Expanding Executive Power

•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 senate approval