The Constitution •The Constitution sets out the basic principles upon which government in the United States was built.•The Constitution is a fairly brief document.•The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments.

Articles of the Constitution Section Subject

Preamble States the purpose of the Constitution

Article I Legislative Branch

Article II Executive Branch

Article III Judicial Branch

Article IV Relations among the States and with the National Government

Article V Amending the Constitution

Article VI National debts, supremacy of national law, and oaths of office

Article VII Ratifying the Constitution

The Constitution – The Six Basic Principles •Popular Sovereignty – asserts that the people are the source of any and all government power, and the government can exist only with the consent of the governed.

•Limited Government – states that government is restricted in what it may do, and each individual has rights that government cannot take away.

Popular Sovereignty and Limited Government

The Constitution – The Six Basic Principles •Separation of Powers – principle in which the executive, legislative, and judicial branches are three independent and coequal branches of government.

•Checks and Balances – system that allows the three branches to check, or restrain, the actions of one another.

Separation of Powers and Checks and Balances

Examples of Separation of Powers/Checks & Balances

Congress can pass laws with a 50%+1 vote

→ but the President can veto them.

The President can veto laws → but Congress can override the veto with a 2/3 vote.

The President and Congress may agree on a law

→ but the Supreme Court can declare a law unconstitutional.

The President can appoint Judges

→ but the Senate must approve them.

Supreme Court judges have life terms

→ but they can be impeached by Congress.

The Constitution – The Six Basic Principles •Judicial Review – the power of a court to determine the constitutionality of a governmental action.•Federalism – system of government in which the powers of government are divided between a central government and several local governments.

Judicial Review and Federalism

The Constitution – The Formal Amendment Process

1. Proposed by 2/3rd Congress in each house, then ratified by 3/4th state legislatures.26 of 27 Amendments were handled this way

2. Proposed by 2/3rd Congress in each house, then ratified by special convention in 3/4th of the states. 21st Amendment due to popular opinion

The Constitution – The Formal Amendment Process

3. Proposed by a national convention at a request of 2/3rd of the state legislatures, then ratified by 3/4th of the state legislatures.

Not one Amendment handled this way4. Proposed at a national convention called by

Congress when requested by 2/3rd of the states legislatures, then ratified by special conventions held in 3/4th of the states.

The Constitution itself

The Constitution – The Amendments

Federalism & Popular Sovereignty – • National and State governments come together• Actions represent the will of the people

The Critics – • Ratification should be completed via convention

as opposed to State legislatures• States cannot require a vote of the people

before ratification but it can call for an advisory vote (Supreme Court)

The Constitution – The Amendments Proposed Amendments – • One restriction – No deprivation of equal suffrage in

the Senate• Proposed amendments are not sent to the

President• A State may reject an amendment and reconsider at

a later date – opposite is not true• Congress can set a “reasonable time limit” on

ratification and grant extensions• 15,000 resolution calling for amendments - - 33

have been sent to the States - - 27 were ratified• Unratified amendments include issues such as

slavery, child labor, and the ERA (1972/1982)

The Constitution – The Amendments Bill of Rights – • 1st Ten AmendmentsLater Amendments – • Added as a result of some particular circumstance

and/or historical events 12th Amendment – Election of 1800 13th 14th & 15th Amendments – Civil

War/Reconstruction 16th & 17th Amendment– Progressive Era 18th & 21st Amendment – Prohibition 22nd Amendment – FDR & term limits 26th Amendment – Voting Age & Vietnam

The Constitution – The Informal Amendment Process

Over time, changes have been made to the Constitution because of experiences, changes

in society, and other developments - - -The Unwritten Constitution.

1. Basic Legislation – Congress pass laws that spell out the brief provisions of the Constitution.

Growth of the Courts and other branches Presidential succession Define words that are broad like foreign and

interstate commerce

The Constitution – The Informal Amendment Process

2. Executive Action – President uses powers to explain or define unclear Constitutional provisions.

Commander in Chief vs. Declaration of War Executive Agreements vs. Treaties

3. Court Decisions – Interpret and apply the Constitution as they see fit.

Marbury v. Madison – Constitutional Convention is in continuous session

The Constitution – The Informal Amendment Process

4. Party Practices – major source of informal amendments

Political Parties Political conventions Party lines – partisanship Electoral College – “Rubber Stamp” Government through party

The Constitution – The Informal Amendment Process

5. Custom – Traditions that developed outside the provisions of the Constitution.

Cabinet Succession in office – 25th Amendment Senatorial Courtesy Term Limits – 22nd Amendment