American Citizenship

American Citizenship Chapter 3: The Constitution

Section 1 Six Basic Principles

An Outline of the Constitution • Contains roughly 7,000 words • Preamble • Articles • First three articles deal with the three branches of the National Government • Legislative • Executive • Judiciary • Basic Organization and Powers

An Outline of the Constitution (Con’t) • Article IV • States Powers and Relationship with National Government • Article V • Amendments Proposal and Ratification • Article VI • Constitution is the Supreme Law of the Land • Article VII • Methods of Ratification of the Constitution • Followed by 27 Amendments

Basic Principles • Popular Sovereignty • Governed by the People • “We the People…” Preamble • Limited Government • Government is not all powerful • Rule of Law • Government and its officials are always subject to the law

Basic Principles (Con’t) • Separation of Powers • Congress is the lawmaking body • Executive is the law enforcing and executing branch • Judiciary interprets and applies the laws • Each Branch is separate and independent

Basic Principles (Con’t) • Checks and Balances • Each Branch, though separate, yet also tied together • They each contain powers to check the other branches powers • Ex. • Congress can pass laws and president can veto the law • Makes Compromises vital

Basic Principles (Con’t) • Judicial Review • The Power of courts to decide whether the government is in accordance with the law • Determine if governments actions are unconstitutional • To declare illegal, null and void • Federalism • The division of power among a central government and several regional governments (AKA States)

Section 2 Formal Amendments

Constitution • A living and changing document • Change has come about in two ways • Formal Amendment • Changes or additions to language of Constitution • Informal

Formal Amendment Process • Changes in its written words • Two methods for proposal • Two methods for ratification • Four methods of Formal Amendments • First Method • May be proposed by 2/3 vote in each House of Congress and ratified by ¾ State Legislatures (38) • 26 of 27 Amendments adopted in this manner

Formal Amendment Process (Con’t) • Second Method • Proposed by Congress and ratified by conventions held for by ¾ of the States • 21st Amendment ratified through this method • Third Method • Amendment proposed by a national convention, called by Congress, ratified by ¾ State Legislatures • Never Done Before

Formal Amendment Process (Con’t) • Fourth Method • Proposed by a national convention and ratified by ¾ of conventions in states • Federalism • Amendments proposed at national level • Ratification at state level

Proposed Amendments • 10,000 Proposed • Only 27 Amendments exist today • Bill of Rights -1791 • First 10 Amendments • First Action by the Congress in 1791 • A Major Compromise with Anti-Federalist • Later Amendments • Check Page 76 for Subject of Amendments

Section 3 Constitutional Change by Other Means

Basic Legislation • Congress has given meaning to many of the constitution brief statements • Judiciary Act of 1789 • Homeland Security • Etc.

Executive Action • Also given meaning to Constitution • Example • Use of troops without congressional declaration of war • Executive Agreements • Pacts between heads of state that don’t require approval from Senate • Treaty • Requires approval from Senate

Court Decisions • Marbury v. Madison 1803 • Claimed for Supreme Court the power to declare a law unconstitutional • Chief Justice John Marshall helped define the role and power of the Supreme Court

Party Practice • Constitution does not mention political parties • Big use of electoral college • Group that makes formal selection of the nation’s president

Customs • Powers and/or organizations not granted by constitution • Creation of the cabinet • Succession of President to Vice President • Amended later • No Third Term until FDR • Started by George Washington • Required now by 22nd Amendment in 1951

American Citizenship