Chapter 3 Section 3

1. Chapter 3Section 3 A Flexible Document Pages 56-59

2. Objectives for Section 3 • 1. Explain how the Constitution gives each of the three branches of government flexibility in using its power. • 2. Discuss how political parties changed the way government operates. • 3. Describe the ways in which the Constitution allows custom and tradition to help shape government.

3. Government Actions • The Constitution is a “living document,” which means its flexible and allows government to adapt to changing times. • Court Decisions: Federal powers allow courts’ the power to determine if a law or other government action is constitutional. With the language being vague it has allowed the courts to apply the Constitution to areas that were not anticipated. [ i.e. technologies]

4. Congressional Legislation: Congress can adapt to changing times. The Congress can carry out responsibilities and passes legislation that responds to new situations. Congress developed structures and has taken on duties, not specifically spelled out in the Constitution. Congress had passed legislation expanding and changing the system of lower level federal courts to support the court system to the needs of an ever changing population. Congress has addressed vague wording in the Constitution. Example: working conditions, workplace safety, and wages.

5. Cultural Perspectives • The flexibility of the Constitution allows the judicial branch to protect the rights and beliefs of minority groups in American society. In one such case, an Amish farmer named Jonas Yoder removed his daughter from the public school system after she reached the eighth grade. Yoder contended that higher education conflicted with his family’s religious beliefs, which emphasized a simple and virtuous life. The school district, however, charged Yoder with violating the mandatory school attendance laws of the state of Wisconsin. In 1972 the U.S. Supreme ruled that the application of the compulsory education law violated Yoder’s First Amendment right to freedom of religion. The Court’s decision illustrates the manner in which the Constitution can be interpreted to protect the many different cultural values held by the citizens of the United States.

6. Executive Actions: Flexibility for the executive branch is the president’s power executive agreements-arrangements that presidents establish with foreign governments. [example: Roosevelt made an agreement with Great Britain about war ships for the right to use British naval bases in and around North America.

7. Political Parties • Even though Political Parties are not mentioned in the Constitution they definitely influence the activities of government. • History: The passage of the 22nd Amendment reveals the roles of tradition and party politics in the political process of amending the Constitution. Frustrated after Democrat Franklin D. Roosevelt was elected to a fourth term as president in 1944, several Republicans in Congress sponsored an amendment that would make the tradition of a two term presidency a constitutional restriction. Not a single Republican in Congress voted against the proposal, which became the Twenty second Amendment.

8. Custom and Tradition • Customs and traditions are informal, long established ways of doing things. • Cabinet: Department heads that come together to support and advise the president. George Washington used advisors during his presidency.

9. Creating a Chart Activity • I will divide you into small groups to research the cabinet positions. • The chart will include: • Current cabinet member’s name • His or her job description • Departments under his or her control • Each group will present a multimedia presentation on the cabinet position they researched. • Explain how the cabinet members might influence changes in the Constitution or decisions made by the president.