Understanding the U.S. Constitution: Key Concepts and Principles

Notes Ch. 3 – The Constitution Section 1

We The People • Chosen to show how the U.S. is ran by popular sovereignty, or ran by the people. • We the People… do ordain and establish the Constitution… • The Constitution’s six goals are outlined in the Preamble.

Six Goals • Form a more perfect Union – More united than under the Articles. • Establish Justice – Make laws and establish a fair system of courts. • Insure domestic tranquility – Preserve peace within the country. • Provide common defense – Protect country from its enemies. • Promote the general welfare – Provide for the well-being of all people. • Secure the blessings of Liberty – Protect the freedom of ALL people.

Popular Sovereignty • The following principles help to ensure Popular Sovereignty. • 1. Limited Government – Government has restrictions. • 2. Majority Rule/Minority Rights –Largest percent of population win, rights of small percentage not violated • 3. Powers of the People –The Bill of Rights was added in 1791. Lists and Guarantees our rights.

Federal and State • Balance of power between Fed. and State • 1. Delegated powers – powers given to federal government by Constitution. • 2. Reserved powers – powers for the people or states. • 3. Shared powers – Laws shared by both state and federal.

Venn Diagram Federal State Shared

Notes Ch. 3 – The Constitution Section 2

Separation of Powers • All government power in the same hands is “the very definition of tyranny” – James Madison • Powers separated to prevent tyranny or absolute power. • 3 parts of power – Make laws, enforce laws, interpret laws

Legislative Branch • Makes laws and controls the national money. • First Tasks in 1789: set up financial system, wrote Bill of Rights, chose D.C. as U.S. capital, and cleared the debts from Revolutionary War.

Executive Branch • President is head of Executive Branch. • Responsible for carrying out the laws. • President, VP, and 15 executive departments, such as: Department of Treasury, Dept. of State, Dept. of Homeland Security.

Judicial Branch • Interprets the laws established by legislation and sets punishment for those who break the laws. • Supreme Court is head of the judicial branch. • Sets limits of judicial power and appoints judges. • Does NOT set up “lower” courts, Congress does.

Checks and Balances • Balance the power of each branch by giving powers that limit or check the powers of the other two branches. • Ensures that no branch of government becomes too powerful. • Each branch of government has at least one method of “checking” the other two branches.

Legislative Branch can Check: • The Executive Branch in the following ways: Impeach and remove the president, Override a Veto with a 2/3rds vote. • The Judicial Branch in the following ways: Impeach and remove federal judges, Establish lower courts.

ExecutiveBranch can Check: • The Legislative Branch in the following ways: Veto acts of Congress, call sessions of Congress. • The Judicial Branch in the following ways: Appoints all Federal judges, grant reprieves and pardons for federal crimes.

JudicialBranch can Check: • The Legislative Branch in the following ways: Judicial Review – Declare acts of Congress Unconstitutional. • The Executive Branch in the following ways: Declaring acts unconstitutional, Supreme Court judges are free from executive control, appointed for life.

Notes Ch. 3 The Constitution Section 3

Constitution and Change • The framers wrote the constitution to be adaptable to situations they could never have imagined and to be changed to meet our needs. • Delegates pulled from many past influences to create the document that has endured 220 years.

How to Change the Constitution • Amendment - Formal process to change the Constitution, a written change. • An amendment may be proposed in 2 ways: 2/3rds of both houses of Congress, or 2/3rds of the states. • After proposed, an amendment must be ratified in the state legislature where it has to be ratified by 3/4s of the states. • Repeal – Amendment cancelling past amendment. Most famous is Prohibition (21st Amendment cancelled the 18th)

How to Change the Constitution • Sometimes when things are not fully covered by the words of the Constitution, changes get made by our interpretation of its words. • The Const. does not require a meeting of the executive branch, but since Washington, we have had meetings set for the Pres. and his cabinet. • Never written or added, become the “unwritten Constitution”.

Congress and the Constitution • Congress can interpret the Const. to show what laws and control they are capable of changing. • If the Supreme Court rules that Congress’s interpretation is incorrect, they can kill the law immediately

Understanding the U.S. Constitution: Key Concepts and Principles