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Chapter 3. The Constitution. An Outline. Endured for 200 years because it deals with basic principles – not details and it has built-in provisions for accommodating change Starts with Preamble – Introduction Articles – seven I. Legislative branch II. Executive branch
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Chapter 3 The Constitution
An Outline • Endured for 200 years because it deals with basic principles – not details and it has built-in provisions for accommodating change • Starts with Preamble – Introduction • Articles – seven • I. Legislative branch • II. Executive branch • III. Judicial branch
Amendments • Amendments – 27 • Bill of Rights – 1st 10 – FIRST place where basic rights are mentioned – • Added after the Constitution was ratified – help get it passed
The 6 Basic Principles • This is the basis for all political and personal beliefs which we now take for granted.
Popular sovereignty • 1. Popular Sovereignty all political power resides with the people : • We the People!
Limited government • 2. Limited Government : government may only do those things the people have given it the power to do: • Rule of law; a nation run by laws, not by people.
Separation of Powers • 3. Seperation of Powers : powers distributed between executive, legislative, judicial branches
Judicial Review • 4. Judicial Review : Courts have power to check that government actions are constitutional.
Checks and Balances • 5. Checks and Balances : each branch has certain powers that it can use to check the operations of the other two. • Congress • Judicial • Executive
Federalism • 6. Federalism – some power held by National Gov’t (Washington D.C.) and others belong to the 50 states.
Amendment – change Constitution Most common method: Proposed by Congress by 2/3 votes in both houses Ratified by the State legislatures of ¾ of the States Draw chart – page 73 top 2 boxes Formal Amendment Process
Important Amendments • Bill of Rights – 1st 10 Amendments • 13th – abolish slavery • 18th – prohibited sale / use of alcohol • 19th – gave women right to vote • 21st – repealed 18th • 26th – lowered voting age to 18 • 27th – forbids Congress from raising pay during that term – ratified 203 years after proposed
Informal Amendment • Results from daily experiences • Doesn’t involve changes in written words • Tradition and accepted habits
1. Basic Legislation – spells out general Constitutional principles • Way powers are used
President • 2. Executive Action – way President uses powers • Executive agreement – deal made with head of a foreign state – carries the same force of law as treaty
Judicial • 3. Court decisions – Supreme Court interprets Constitution – ie: abortion (Roe vs. Wade)
4. Political party practices– made electoral college (group that makes formal selection of President) into rubber stamp for each State’s popular vote in presidential elections
5. Custom – unwritten traditions – Cabinet (14 department heads advise President)