chapter 3: the constitution section...

Chapter 3: The ConstitutionSection 3

Copyright © Pearson Education, Inc. Slide 2Chapter 3, Section 3

Objectives

1. Identify how basic legislation has addedto our understanding of the Constitutionover time.

2. Describe the ways in which the executiveand judicial branches have interpretedthe Constitution.

3. Analyze the role of party practices andcustom in interpreting the Constitution.


Key Terms

• executive agreement: a pact made by thePresident directly with the head of aforeign state

• treaty: a formal agreement between twoor more independent states

• electoral college: the body of electorsthat makes the formal selection of thePresident


Key Terms, cont.

• Cabinet: a body made up of the heads ofthe 15 executive departments that advisesthe President

• senatorial courtesy: the Senate customof refusing to approve any presidentialappointee unless that person has thesupport of all Senators from theappointee’s home state who belong to thesame party as the President


Introduction

• How have the day-to-day workings of thegovernment affected how we interpret theConstitution?

– 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 basicconstitutional provisions.

– Congress created much of the specific structure of thefederal government.

– Congress established the federal court system—theConstitution created only the Supreme Court.

– Congress created the many departments and agencies inthe executive branch.

– Congress has clarified issues such as the succession ofthe Vice President.


Powers of Congress

• Congress passes laws that clarify its ownconstitutional 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 thousandsof laws that detail just what is meant by words like“regulate,” “trade,” “interstate” and “commerce.” Inthe process, it has interpreted the meaning of theConstitution.


Expanding Executive Power

• Presidents have increased their constitutionalpowers by taking a broad interpretation of suchpowers.

– Often this involves avoiding the need to gaincongressional approval.

• For example, only Congress can declare war. But whileacting as commander-in-chief, many Presidents havesent military forces into combat without a formal actof war.

• The Senate must approve formal treaties. ButPresidents can and do enter into legally bindingexecutive agreements with foreign leaders withoutasking for Senate approval.


Presidential Power

• The Constitution grants the President“executive power.”

– Most Presidents argue that this powerincludes the authority to do things notspecifically mentioned in the Constitution.

• For example, Thomas Jefferson used it as ajustification for acquiring new territory for theUnited States when he purchased the LouisianaTerritory in 1803.


The State of the Union

• While an address toCongress is required bythe Constitution, themethod of address is leftto each President.– Harry Truman’s State of

the Union was the firsttelevised address.

– Today, the State of theUnion is an annualtelevised address toCongress and allAmericans.

NOTE TO TEACHERS: In the image above, Harry Truman delivers the firsttelevised State of the Union.


The Courts

• The nation’s courts, particularly the SupremeCourt, interpret the Constitution on a regularbasis.– The power of judicial review gives the Court the

power to declare laws unconstitutional.

– Declaring that a law is constitutional also involvesinterpreting the Constitution.

– Each type of ruling sets a precedent for interpretingfuture laws.


Political Parties

• The Constitution does not mention politicalparties.

– Most of the Framers actually opposed parties,fearing they would divide the government.


• Yet parties are veryinfluential in ourpolitical process.

– The daily businessand the committeesystem of Congressare organized aroundparty membership.

Political Parties, cont.

NOTE TO TEACHERS: Image above shows a delegate. Delegates play animportant role in shaping the U.S. Government.


Political Parties, cont.

• Checkpoint: How have political parties changedthe way we interpret the Constitution?

– The Constitution says nothing about the nominationprocess.

– Political parties use state primaries and nationalconventions to choose candidates.

– Parties also influence the selection of electors to theelectoral college.

– Party membership also influences the President’sdecision-making process when choosing politicalappointees.

Checkpoint Answer: Political parties have shaped the nomination and electionof the President in ways never mentioned by the Constitution. They have alsoinfluenced the process of appointing public officials, as the President mustconsider party affiliation when nominating appointees as well as the custom ofsenatorial courtesy, which is based partly on party affiliations.


Customs

• Unwritten customs can be as influential aswritten laws.

– The President’s Cabinet exists solely as aresult of custom rather than any laws.

– The custom of senatorial courtesy guides theappointment of public officials.


Customs, cont.

• Ever since George Washington, Presidentshad limited themselves to two terms in office.

• After Franklin Roosevelt was elected to fourconsecutive terms from 1932 to 1944, thetwo-term limit was made into law bypassage of the 22nd Amendment in 1951.


Customs, cont.

• Checkpoint: Which customs did the22nd and 25th Amendments establishas laws?

– For years, the Vice President assumed theoffice of the presidency when the Presidentdied.

– But this was not a formal law until ratificationof the 25th amendment in 1967.

Checkpoint Answer: The two-term limit on Presidents and the officialsuccession of the Vice President to the office of President when the Presidentdies or is otherwise forced to step down.


Review

• Now that you have learned how the day-to-day working of the government haveaffected how we interpret the Constitution,go back and answer the Chapter EssentialQuestion.– How has the Constitution lasted through

changing times?

chapter 3: the constitution section...

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