CHAPTER THREE: THE CONSTITUTION

1
CHAPTER THREE THE CONSTITUTION
2
OUTLINE OF THE CONSTITUTION

• - Article One Legislative Branch
• - Article Two Executive Branch
• - Article Three Judicial Branch
• - Article Four Relations among the States
• - Article Five Provisions for Amendments
• - Article Six National Debts, Supremacy
  Clause, and Oaths
• - Article Seven Ratification

3
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 1. Popular Sovereignty
• 2. Limited Government
• 3. Separation of Powers
• 4. Checks and Balances
• 5. Judicial Review
• 6. Federalism

4
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 1. Popular Sovereignty
• -- all power ultimately belongs to the people
• -- Preamble to the Constitution "We the
  People of the United States...so ordain and
  establish this Constitution for the United
  States of America."

5
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 2. Limited Government
• -- social contract - government only has the
  powers the people allow it to have
• -- the "rule of law"
• -- Bill of Rights

6
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 3. Separation of Powers
• -- Presidential vs. Parliamentary System
• -- Articles I, II, and III
• 1. Legislative - Congress
• 2. Executive - President
• 3. Judicial - Courts
• -- Why separate the powers?

7
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 4. Checks and Balances
• -- three branches not entirely independent of
  one another
• -- each branch can "check" the others, which in
  turn leads to "balance"

8
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION
9
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 5. Judicial Review
• -- the power to decide whether a governmental
  action is constitutional
• -- held by Supreme Court and all federal courts
  (and most State courts)

10
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• - Marbury vs. Madison (1803)
• -- established power of judicial review

Chief Justice John Marshall
William Marbury
James Madison
11
THE SIX BASIC PRINCIPLES OF THE CONSTITUTION

• 6. Federalism
• -- power divided between National Government
  and the 50 States
• -- framers dealt with 13 highly independent
  States
• -- balance between tyranny of king and weak
  central government under Articles of
  Confederation

12
SECTION TWO AND THREE AMENDING THE CONSTITUTION
13
FORMALLY AMENDING THE CONSTITUTION
How Proposed
How Ratified

• 1. Proposed by CONGRESS by a 2/3 vote in both
  houses

2. Proposed at NATIONAL CONV. called by Congress
when requested by 2/3 (34) State Legislatures
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FORMALLY AMENDING THE CONSTITUTION
How Proposed
How Ratified
1. Ratified by the State LEGISLATURE in 3/4 (38)
of the States
2. Ratified by CONVENTIONS in 3/4 (38) of the
States
15
FORMALLY AMENDING THE CONSTITUTION
How Proposed
How Ratified

• 1. Proposed by CONGRESS by a 2/3 vote in both
  houses

1. Ratified by the State LEGISLATURE in 3/4 (38)
of the States
2. Proposed at NATIONAL CONV. called by Congress
when requested by 2/3 (34) State Legislatures
2. Ratified by CONVENTIONS in 3/4 (38) of the
States
16
FORMALLY AMENDING THE CONSTITUTION
How Proposed
How Ratified

• 1. Proposed by CONGRESS by a 2/3 vote in both
  houses

1. Ratified by the State LEGISLATURE in 3/4 (38)
of the States
2. Proposed at NATIONAL CONV. called by Congress
when requested by 2/3 (34) State Legislatures
2. Ratified by CONVENTIONS in 3/4 (38) of the
States
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INFORMAL AMENDMENT

• 1. Basic Legislation (CONGRESS)
• 2. Executive Action (PRESIDENT)
• 3. Court Decisions (SUPREME COURT)
• 4. Party Practices (POLITICAL
• PARTIES)
• 5. Customs

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FORMALLY AMENDING THE CONSTITUTION
How Proposed
How Ratified

• 1. Proposed by CONGRESS by a 2/3 vote in both
  houses
• 2. Proposed by CONGRESS by a 2/3 vote in both
  houses
• 3. Proposed at NATIONAL CONV. called by Congress
  when requested by 2/3 (34) State Legislatures
• 4. Proposed at NATIONAL CONV. called by Congress
  when requested by 2/3 (34) State Legislatures

1. Ratified by the State LEGISLATURE in 3/4 (38)
of the States 2. Ratified by CONVENTIONS in 3/4
(38) of the States 3. Ratified by the State
LEGISLATURE in 3/4 (38) of the States 4.
Ratified by CONVENTIONS in 3/4 (38) of the States