Chapter 3: The Constitution Section...

Chapter 3: The ConstitutionSection 1


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

IntroductionIntroduction

• six main principles on which the Constitution is based

– Popular Sovereignty– Limited Government– Separation of Powers– Checks and Balances– Judicial Review– Federalism


Outline of the ConstitutionOutline of the Constitution

• The Constitution is simple and brief.

– The seven articles are followed by the 27 amendments.


Popular SovereigntyPopular Sovereignty

• people are the only source for all governmental power.

– The government rules through leaders elected by the people to represent the people.


Limited GovernmentLimited Government

• Government may only do those things the people have given it the power to do.


Separation of PowersSeparation of Powers

– divides power among the legislative, executive and judicial branches.

– Separation of powers keeps a strong central government from being too powerful


Checks and BalancesChecks and Balances

• Each branch of the federal government can check the power of the other two.

• The use of checks is fairly rare.– Compromise is more common


Judicial ReviewJudicial Review

• The Courts can decide if a government action is constitutional.


FederalismFederalism

• Federalism is a compromise between an all-powerful central government and an independent state government.


Federalism, cont.Federalism, cont.

• The Constitution divides power among the State and Federal Governments.


Changing with the TimesChanging with the Times

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


The Amendment ProcessThe 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.

• By a national convention called by Congress at the request of two-thirds of the state legislatures.


The Amendment Process, cont.The Amendment Process, cont.

• Amendments can be ratified:

– By three-fourths of the state legislatures.

– By conventions in three-fourths of the states.


FederalismFederalism

– 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.


Popular SovereigntyPopular Sovereignty

• The amendment process is based on popular sovereignty.

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


The Bill of RightsThe Bill of Rights

– They spell out many basic rights and liberties.


The 27 AmendmentsThe 27 Amendments

• Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems.


The Role of CongressThe Role of Congress

• Congress has expanded upon basic constitutional provisions.

– Congress created much of the specific structure of the federal government.

– Congress established the federal court system—the Constitution created only the Supreme Court.

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

– Congress has clarified issues such as the succession of the Vice President.


Powers of CongressPowers of Congress

• Congress passes laws that clarify its own constitutional powers. – The Constitution describes some congressional

powers in vague terms.• For example, Congress has the power to regulate

foreign trade and interstate commerce.


Expanding Executive PowerExpanding Executive Power

• Presidents have increased their constitutional powers by taking a broad interpretation of such powers.


Presidential PowerPresidential Power

• The Constitution grants the President “executive power.”


The State of the UnionThe State of the Union

• While an address to Congress is required by the Constitution, the method of address is left to each President.


The CourtsThe Courts

• The nation’s 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.

– Each type of ruling sets a precedent for interpreting future laws.


Political PartiesPolitical Parties

• The Constitution does not mention political parties.

• Yet parties are very influential in our political process.


Political Parties, cont.Political Parties, cont.

– 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 President’s decision-making process when choosing political appointees.


CustomsCustoms

• Unwritten customs can be as influential as written laws.

• 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 22nd Amendment in 1951.

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