Chapter 3: The Constitution

Copyright Pearson Education, Inc. Slide 2 Chapter 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.
Copyright Pearson Education, Inc. Slide 3 Chapter 3, Section 1
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

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Outline of the Constitution
The Constitution is
organized in a simple
fashion and is fairly
brief.

The seven articles
are followed by the
27 amendments.
Copyright Pearson Education, Inc. Slide 5 Chapter 3, Section 1
Popular Sovereignty
The principle that the
people are the only
source for all
governmental power.

We the People.
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Limited Government
Government may only
do those things the
people have given it the
power to do.


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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.
Copyright Pearson Education, Inc. Slide 8 Chapter 3, Section 1
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.

(now, Democrats have the
presidency and the Senate,
Republicans have the
House and the Supreme
Court)
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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.

Copyright Pearson Education, Inc. Slide 11 Chapter 3, Section 1
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.




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Federalism, cont.
The Constitution divides power among the State
and Federal Governments.

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Chapter 3: The
Constitution
Section 2
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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.
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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
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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.


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Changing with the Times
The amendment process allows the
Constitution to adapt to the changing
needs of our nation and society.


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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 21
st
amendment.]
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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.]
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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.
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Popular Sovereignty
The amendment process is based on
popular sovereignty.

The people elect the representatives who vote to
propose or ratify amendments.

Whats the problem with representatives.

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Chapter 3: The Constitution
Section 3
Copyright Pearson Education, Inc. Slide 23 Chapter 3, Section 1
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.
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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
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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
appointees home state who belong to the
same party as the President
Copyright Pearson Education, Inc. Slide 26 Chapter 3, Section 1
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.
Copyright Pearson Education, Inc. Slide 27 Chapter 3, Section 1
The Role of Congress
Congress has expanded upon basic
constitutional provisions.

Congress established the federal court system

Congress created the many departments and agencies in
the executive branch.

Congress has clarified issues such as the succession of the
Vice President.
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Powers of Congress
Congress passes laws that clarify its own
constitutional powers.


For example, Congress has the power to regulate
foreign trade and interstate commerce.

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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)
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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)
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The State of the Union
While an address to
Congress is required by
the Constitution, the
method of address is left
to each President.
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The Courts
The nations 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.
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Political Parties
The Constitution does not mention political
parties.

Most of the Framers actually opposed parties,
fearing they would divide the government.
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The daily business and
the committee system
of Congress are
organized around
party membership.
Political Parties, cont.
Copyright Pearson Education, Inc. Slide 35 Chapter 3, Section 1
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 Presidents
decision-making process when choosing political
appointees.
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Customs
Unwritten customs can be as influential as
written laws.

The Presidents Cabinet
Senatorial Courtesy
Copyright Pearson Education, Inc. Slide 37 Chapter 3, Section 1
Customds, 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 22
nd

Amendment in 1951.

Copyright Pearson Education, Inc. Slide 38 Chapter 3, Section 1
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.
How has the Constitution lasted through
changing times?