Government Chapter 3

How can amendments be proposed?

-By a two-thirds vote of each house of Congress. (done for 26 our 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)

Role of Congress examples

-Congress created much of the specific structure of the federal government -Congress established the federal court system--the Constitution created only the S.C. -Congress created the many departments and agencies in the executive branch -Congress has clarified issues such as the succession of the vice president

How can amendments be ratified?

-by 3/4 of the state legislatures -by conventions in three-fourths of the states (a method not yet used)

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 Ct. makes key rulings on constitutional issues -Political parties influence the governing process -customs develop over time

Expanding Executive Power: often this involves avoiding the need to gain congressional approval, such as...

-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 Pesidents can and do enter into legally binding "executive agreements" with foreign leaders without asking for Senate approval

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)

How has the Constitution been amended through the formal amendment process?

-the majority of amendments have been proposed by a 2/3 vote of Congress and ratified by 3/4 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.

Three Purposes of Constitution

1. To form a more perfect union--This is why it was written=can't fix the A of C 2. To provide the for the Common Defense--Being United as One=much stronger 3. To Promote the General Welfare--to help everyone to succeed, but not to just hand out money

The ____th Amendment abolished slavery

13th

Ever since George Washington, Presidents had limited themselves to ___ terms in office

2

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 _____ Amendment in 1951

22nd

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 ____ amendment in 1967

25th

How many amendments are there?

27

____(#) proposed amendments were not ratified by the states

6

The ___(#) articles are followed by the ___(#) amendments

7; 27

Which Article of the Constitution describes the amendment process?

Article V

Federalism corrected the weaknesses of the ______ without replacing them with a British-style monarchy

Articles of Confederation

Checks and Balances: Congress vs. S.C.

Can impeach a judge, can pass a law somewhat altered from one declared unconstitutional

Checks and Balances: Congress vs. President

Can impeach with 2/3 vote, senate approves president appointments, override presidential veto with 2/3 vote

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 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

Presidential Power: Most Presidents argue that this power includes the authority to do things not specifically mentioned in the _____. (also give example)

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)

Three Different Types of Power

Delegated powers, reserved powers, concurrent powers

Article II

Executive

T/F A state can reject an amendment and later decide to ratify it, and it can change its mind after it votes to ratify an amendment

False, 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

T/F The Framers felt that too little governmental power threatened liberty

False, they felt that too MUCH government power threatened liberty

Article III

Judicial

Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case _______ in 1803.

Marbury v. Madison

Political Parties: Party membership also influences the ______ decision-making process when choosing political appointees

President's

The constitution divides power among the ___ and ____ governments

State; Federal

Article VII

Tells how the Constitution was to be ratified (put into operation)

Separation of Powers

The Constitution divides power among the legislative, executive, and judicial branches (Congress makes laws, President executes and administers laws, and the Supreme Court interprets laws). "the principle that each of the basic powers of government--executive, legislative, and judicial--should be wielded by an independent branch of government."

Limited Government

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

T/F Declaring that a law is constitutional also involves interpreting the Constitution

True

Preamble (*extra credit*)

We the people of the United States, in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Federalism

a balance of power between national, state, and local governments. "the principle that political power should be divided between national, state, and local governments."

Cabinet

a body made up of the heads of the 15 executive departments that advises the president

treaty

a formal agreement between two or more independent states

Executive Agreement

a pact made by the President directly with the head of a foreign state

The amendment process allows the Constitution to _____ to the changing needs of our nation and society

adapt (The US has gone from a farming nation of 4 mil. people to a high-tech country with more than 300 mill. people. Portions of the Constitution have been added, deleted, or altered as a result of amendments)

Reserved power

also called residual powers these are not given to the Fed. but are withheld for the states (ex: education, marriage and divorce, driver's licence)

amendment

an addition or change. "a change to the written words of the Constitution"

why do 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

Articles 1, 2, and 3 deal with _____, ____, _____.

branches, qualifications, length of term

Expanding executive power: Presidents have increased their constitutional powers by taking a _____ interpretations of such powers

broad

Separation of powers keeps a strong _____ from being too powerful

central government (too much power concentrated in any one branch could lead to abuses of that power)

Role of Congress: congress has expanded upon basic ______.

constitutional provisions

Checks and Balances: Supreme Court vs. President

declare action of the president unconstitutional

Checks and Balances: Supreme Court vs. Congress

declare law unconstitutional

conflicts are more likely when Congress and the presidency are controlled by _____ parties

different

Political Parties: most of the Framers actually opposed parties, fearing they would ____ the government

divide

Federalism helps prevent governmental power from being abused. It prevents it by ______ government power

dividing

15th, 19th, 26th Amendments

each extended voting rights to a new segment of society (African Americans, women, 18-year olds)

Political Parties: they also influence the selection of electors to the _______

electoral college

Presidential Power: the constitution grants the president "_______"

executive power

T/F unwritten customs are not as influential as written laws

false, unwritten customs can be as influential as written laws (ex: the President's cabinet exists solely as a result of custom rather than any laws. Also, the custom of senatorial courtesy guides the appointment of public officials)

The power of judicial review is held by all ____ and most ____

federal courts; state courts

Delegated Powers

granted to the federal government by the Constitution (ex: coin money, declare war)

unconstitutional

in violation of a provision of the Constitution, and therefore illegal and of no effect

The nation's courts, particularly the Supreme Court, ______ the Constitution on a regular basis

interprets

The power of ____ gives the Court the power to declare laws unconstitutional

judicial review

Many of the 27 current amendments were proposed in response to...

legal disputes, social conflicts, or perceived constitutional problems

Article I

legislative

Amendments are proposed at the ____ level and ratified at the ____ level by legislatures or conventions

national; state

Political Parties: Does the constitution mention political parties?

no

formal amendment

one of four ways to change or add to the written language of the Constitution

Political Parties: how are candidates chosen?

political parties use state primaries and national conventions to choose candidates

The amendment process is based on _____.

popular sovereignty (the people elect the representatives who vote to propose or ratify amendments)

The Supreme Court has ruled that states cannot require a proposed amendment to be approved by _____ before the state legislature can ratify it

popular vote

Concurrent powers

powers shared by the states and Fed. (ex: taxation)

In the courts, each type of ruling sets a _____ for interpreting future laws

precedent

Checks and Balances: President vs. S.C.

president nominates judges and grants pardons

Most acts are found to be constitutional, but the Supreme Court as struck down many ____, ____, and ____ measures over the years

presidential; congressional; state

Article V

provides for making amendments

The use of checks is fairly ____ (rare or common)

rare (compromise is more common)

Congress can set a "_____" time limit for ratification, usually around ____(#) years

reasonable; seven

Article IV

relationships among states, b/w Fed. Gov't and states

The State of the Union: while an address to Congress is ______ by the Constitution, the method of address is left to each President.

required

12th amendment

resolved a problem with the presidential election process

The Constitution is organized in a simple fashion and is fairly brief. In many areas it focuses more on principles than _____, which helps it guide the nation through changing times

specific details

Harry Truman's state of the union was the first ______. Today, the United States is an annual televised addressed to Congress and all ______.

televised address; Americans

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

ratification

the act of approving a proposed amendment

electoral college

the body of electors that makes the formal selection of the President

Article VI

the constitution is the supreme law of the land

Political Parties: how are they very influential in our political process

the daily business and the committee system of Congress are organized around party membership

constitutionalism

the idea that government must be conducted according to constitutional principles

Judicial Review

the power of a Court to decide whether a government action is constitutional or not.

rule of law

the principle that government and its officers must always obey the laws of the land

Popular Sovereignty

the principle that the people are the only source for all governmental power and that the government requires the consent of the governed. 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."

Checks and Balances

the system under which each branch of the federal government can exert restraint on the other two

The Bill of Rights

they spell out many basic rights and liberties. The first 10 amendments to the constitution (all ratified in 1791)

veto

to reject an act of Congress

Political Parties: T/F The Constitution says nothing about the nomination process

true

T/F many people would not support the Constitution until a Bill of Rights was promised

true

T/F most suggested amendments are never proposed by Congress

true, Congress has sent only 33 of some 15,000 suggested amendments to the states

The president cannot _____ proposed amendments

veto

Checks and Balances: President vs. Congress

veto legislation, appeal to people on TV, call a special session of Congress

Failed amendments include one declaring the equal rights of ______ (ERA) and one banning amendments dealing with ______.

women; slavery