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The Constitution: Principles, Amendments, and Informal Processes

This chapter explores the six basic principles of the Constitution, the formal amendment process, and the informal ways in which the Constitution is interpreted and applied. It covers popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism, and the informal amendment process.

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The Constitution: Principles, Amendments, and Informal Processes

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  1. Chapter Three The Constitution

  2. Section One The Six Basic Principles

  3. About the Constitution • Brief, about 7000 words • Strength in the principle, not the detail • Structure • Preamble ( 6 reasons) • Seven Articles • 27 Amendments

  4. Six Basic Principles

  5. Popular Sovereignty • People are the source of power • “We the People…”

  6. Limited Government • No government is all-powerful • Limited by what people allow it to do • Constitutionalism • Rule of law

  7. Separation of Powers • Division of power among three branches • Legislative (Congress) • Executive (President) • Judicial (Courts

  8. Checks and Balances • Each branch is subject to the restraints by the other two branches • Page 68 in book

  9. Judicial Review • Power of courts to determine if what government does is constitutional • Marbury v. Madison • 1803 • Power first used

  10. Federalism • Powers of government divided between national (federal) government and state governments • Helped balance the need for a strong national government while allowing for the unique needs of each state

  11. Section 2 The Formal Amendment Process

  12. Background • Our constitution has lasted 200+ years with little change • It is a “living” document

  13. Formal Amendments • Written changes that become a part of the document itself • 27 total • Article V gives 4 methods

  14. Four Possible Methods Proposal by 2/3 vote in each house Ratified by ¾ of the state legislatures (38) 1 2 Proposal by a National Convention called at the request of 2/3 of the state legislatures (34) 3 Ratified at state conventions in ¾ of the states 4

  15. 1 – 26 out of 27 adopted this way • 2 – 21st Amendment adopted this way • 3 & 4 – Never used

  16. Example of Federalism • Always proposed at the National level (2/3) • Always ratified at the State level (3/4)

  17. Example of Popular Sovereignty • Action of change represents the will of the people

  18. Proposed Amendments • No presidential action is required • This is NOT law-making • Only 33 of 10,000 have actually made it to the states

  19. The 27 Amendments • Bill of Rights • First 10, added in 1791 • Constitutional guarantees of freedom, self-expression, due process of law, and security • Later Amendments • Not major changes • Most came about due to historical events

  20. Section Three The Informal Amendment Process

  21. Constitutional Interpretation Occurs in Five Basic Ways

  22. Basic Legislation • Laws are passed to execute the Constitution’s provisions • Congress has added to the Constitution by the way it has used many of its powers

  23. Executive Action President’s use of their powers interpreted differently over the years • Ex. Power as Commander in Chief allows them to enter war without Congressional approval Executive Agreements • Foreign affairs

  24. Court Decisions • Courts interpret and apply the words of the Constitution • Landmark cases • Marbury v. Madison (judicial review) • McColluch v. Maryland (supremacy) • Gibbons v. Ogden (commerce)

  25. Party Practices • No mention of political parties • National conventions held since 1830s • Role of electoral college (now just rubber stamp) • System of organizing Congress

  26. Customs • The President’s Cabinet • Senatorial Courtesy • No third term “rule” Fun Fact: The term "Cabinet" comes from the Italian word Cabinetto, meaning "a small, private room." A good place to discuss important business without being interrupted.

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