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The Constitution

This article discusses the six basic principles of the Constitution and the formal amendment process. It outlines the important elements of the Constitution, lists the ways in which it may be formally changed, and provides an overview of the 27 amendments that have been added. The article also explores how basic legislation, executive and judicial actions, and party practices have shaped the Constitution over time.

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The Constitution

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Presentation Transcript

  1. The Constitution (Chapter 3)

  2. Section 1—The Six Basic Principles • Objectives • Outline the important elements of the Constitution. • List the six basic principles of the Constitution.

  3. What is a Principle? • A principle is a basic rule that guides and influences thought or action… • Principles guide our decision-making, thus keep us in order • What principles do you live by and why? • How do those principles affect your everyday actions?

  4. Crash Course Separation of Powers and Checks and Balances: Crash Course Government and Politics #3 8:30 min https://www.youtube.com/watch?v=0bf3CwYCxXw

  5. Crash Course Federalism: Crash Course Government and Politics #4 9:14 minutes https://www.youtube.com/watch?v=J0gosGXSgsI

  6. Section 2—Formal Amendment • Objectives: • Identify the four different ways by which the Constitution may be formally changed. • Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. • Outline the 27 amendments that have been added to the Constitution.

  7. Section 2—Formal Amendment • Population growth from 4 to 290 million • Size growth from 13 colonies to 50 states • Constitution is NOT the same now as in 1787.

  8. Section 2—Formal Amendment • Formal Amendment Process • Article V • Proposal by 2/3 of each house of Congress to be ratified by 3/4 of states (38). • This method has been used 26 out of 27 amendments • Proposal by 2/3 of each house and a call for conventions in the states. Then approved by 3/4 of states (38). • Only used once on the 21st amendment in 1933. • Call from 2/3 of state legislatures (34) for a national convention to consider amendment. It must then be ratified by 3/4 of states (38). Never used. • An amendment may be proposed by a national convention and then ratified in 3/4 of state conventions (38). Never used.

  9. Section 2—Formal Amendment • Formal Amendment Process (cont.) • Federalism and Popular Sovereignty • Approval process reinforces federalism and indirectly sovereignty. • Sometimes criticized as being representative and not direct. • The state legislature must act first.

  10. Section 2—Formal Amendment • Formal Amendment Process (cont.) • Proposed Amendments • No state may be deprived of its representation in the Senate. • The President is NOT involved—does not sign. • If rejected by a state it may later be reconsidered, once approved, however, it is final. • 10,000 amendment proposals have been submitted. • Only 33 have been sent to the states and only 27 ratified.

  11. Section 2—Formal Amendment • The 27 Amendments • The Bill of Rights • Proposed in 1789—ratified by 1791. • The Later Amendments • The 12th corrected a electoral college problem after the election of 1800. • The 13th abolished slavery in 1865, the 14th granted citizenship to blacks in 1868, and in 1870 the 15th granted the right to vote to blacks.

  12. Section 3—Constitutional Change by Other Means • Objectives: • Identify how basic legislation has changed the Constitution over time. • Describe the ways in which the Constitution has been altered by executive and judicial actions. • Analyze the role of party practices and custom in shaping the Constitution.

  13. Section 3—Constitutional Change by Other Means • Basic Legislation • Expanded into the detail • Tens of thousands of “laws” • Executive Action • Commander in Chief • Executive Order/Agreement—used frequently now • Treaty—cumbersome process

  14. Section 3—Constitutional Change by Other Means • Court Decisions • Marbury v. Madison in 1803 • A “constitutional convention in continuous session” • Party Practices • Not in the beginning—Washington warned against. • Party Conventions • Electoral College

  15. Section 3—Constitutional Change by Other Means • Custom • Unwritten/Precedent • Cabinet • Vice President role developed • Senatorial courtesy—a nominee must be acceptable in home state. • No third-term for 150 years

  16. Washington Cabinet Mtg Hamilton on Broadway https://www.youtube.com/watch?v=mBmTdJ4XTfs

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