Principles of the Constitution: A Guide to Lasting Through Changing Times

1. These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. -Thomas Jefferson (1801)

2. Essential Question • How has the Constitution lasted through changing times?

3. Chapter 3: The ConstitutionOpener

4. Guiding Questions Section 1: Basic Principles What are the six main principles on which the Constitution is based? The Constitution is based upon popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

5. Guiding Questions Section 2: Formal Amendment Process How has the Constitution been amended through the formal amendment process? A two-third majority of Congress has proposed 27 amendments that have been subsequently ratified by the required three-fourths of the states.

6. Guiding Questions Section 3: Change by Other Means How have the day-to-day workings of government affected how we interpret the Constitution? The development of customs and the influence of political parties have combined with the efforts of the three branches of government to expand and clarify how the Constitution is interpreted.

7. Chapter 3: The ConstitutionSection 1

8. Objectives – I CAN: Understand the basic outline of the Constitution. Understand the six basic principles of the Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

9. Key Terms • popular sovereignty: the political principle that people are the source of all governmental power and that government requires the consent of the governed • limited government: the idea that government may only do those things that the people have given it the power to do • constitutionalism: the idea that government must be conducted according to constitutional principles

10. Key Terms, cont. • rule of law: the principle that government and its officers must always obey the laws of the land • separation of powers: the principle that each of the basic powers of government—executive, legislative, and judicial—should be wielded by an independent branch of government

11. Key Terms, cont. • checks and balances: the system under which each branch of government can check, or limit, the actions of the other branches • veto: to reject an act of Congress • judicial review: the power of a court to determine whether a government action is constitutional or not

12. Key Terms, cont. • unconstitutional: in violation of a provision of the Constitution, and therefore illegal and of no effect • federalism: the principle that political power should be divided between a central government and a number of regional governments

13. Introduction • What are the six main principles on which the Constitution is based? • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism • The Constitution embodies these key principles along with describing the basic structure of our government.

14. Outline of the Constitution • The Constitution is organized in a simple fashion and is fairly brief. • In many areas it focuses more on principles than specific details. This helps it guide the nation through changing times. • The seven articles are followed by the 27 amendments.

15. Popular Sovereignty • The principle that the people are the only source for all governmental power. • The government rules through leaders elected by the people to represent the people. • The Preamble notes that the Constitution is created by “We the People.”

16. Limited Government • Government may only do those things the people have given it the power to do. • Government must obey the law. • Much of the Constitution spells out limits on the power of the government.

17. Separation of Powers • Checkpoint: How does the separation of powers keep government from becoming too powerful? • The Constitution divides power among the legislative, executive and judicial branches. • Congress makes the laws, the President executes and administers the laws, and the Supreme Court interprets the laws. • Separation of powers keeps a strong central government from being too powerful. • Too much power concentrated in any one branch could lead to abuses of that power.

18. Checks and Balances • Each branch of the federal government can check the power of the other two. • The President can veto bills passed by Congress, but Congress can override a veto. • The Senate can reject presidential appointees or refuse to ratify a treaty. • Congress can vote to impeach a federal official. • The federal courts can rule that executive and legislative acts are unconstitutional.

19. Checks and Balances, cont. • The use of checks is fairly rare. • Compromise is more common • Conflicts more likely when Congress and the presidency are controlled by different parties.

21. Judicial Review • The Courts can decide if a government action is constitutional. • The power of judicial review is held by all federal courts and most state courts. • Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case Marbury v. Madison in 1803. • Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years.

22. Federalism • Federalism is a compromise between an all-powerful central government and an independent state government. • It corrected the weaknesses of the Articles of Confederation without replacing them with a British-style monarchy. • The Framers felt that too much governmental power threatened liberty. • Federalism helps prevent that power from being abused, by dividing governmental power.

23. Federalism, cont. • The Constitution divides power among the State and Federal Governments. • Why might the Constitution give the power to regulate trade among the States to the Federal Government?

24. Review • Now that you have learned about the six main principles on which the Constitution is based, go back and answer the Chapter Essential Question. • How has the Constitution lasted through changing times?

25. Chapter 3: The ConstitutionSection 2

26. Objectives – I CAN: Identify the four different ways by which the Constitution may be formally changed. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. Understand that several amendments have been proposed, but not ratified. Outline the 27 amendments that have been added to the Constitution.

27. Key Terms • amendment: a change to the written words of the Constitution • ratification: the act of approving a proposed amendment • formal amendment: one of four ways to change or add to the written language of the Constitution • Bill of Rights: the name given to the first ten amendments to the Constitution, which guarantee many basic freedoms; all ten amendments were ratified in 1791

28. Introduction • How has the Constitution been amended through the formal amendment process? • The majority of amendments have been proposed by a two-thirds vote of Congress and ratified by three-fourths of the state legislatures. • An amendment can also be ratified by state conventions held in three fourths of the states. This has only happened once.

29. Changing with the Times The amendment process allows the Constitution to adapt to the changing needs of our nation and society. The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million. Portions of the Constitution have been added, deleted, or altered as a result of amendments.

30. The 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. [Done for 26 of 27 amendments.] • By a national convention called by Congress at the request of two-thirds of the state legislatures. [Done for the 21st amendment.]

31. Formal Amendment Process • The four different ways by which amendments may be added to the Constitution are shown here: Chapter 3, Section 2

32. The Amendment Process, cont. • Amendments can be ratified: • By three-fourths of the state legislatures. • By conventions in three-fourths of the states. [A method not yet used.]

33. Federalism • Checkpoint: How does the federal amendment process reflect the concept of federalism? • 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.

34. Popular Sovereignty The amendment process is based on popular sovereignty. The people elect the representatives who vote to propose or ratify amendments. Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislators are rarely elected based upon their views on an amendment. The Supreme Court has ruled that states cannot require a proposed amendment to be approved by popular vote before the state legislature can ratify it.

35. The Bill of Rights • Checkpoint: What is the purpose of the Bill of Rights? • They spell out many basic rights and liberties. • Many people would not support the Constitution until a Bill of Rights was promised.

36. Proposed Amendments • Most suggested amendments are never proposed by Congress. • Congress has sent only 33 of some 15,000 suggested amendments to the states. • Six proposed amendments were not ratified by the states. • Congress can set a “reasonable” time limit for ratification, usually around seven years. • Failed amendments include one declaring the equal rights of women (ERA) and one banning amendments dealing with slavery.

37. Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights.They set out many of our basic freedoms. Chapter 3, Section 2

38. The 27 Amendments • Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems. • The 12th Amendment resolved a problem with the presidential election process. • The 13th Amendment abolished slavery.

39. The 27 Amendments, cont. • The 15th, 19th, and 26th Amendments each extended voting rights to a new segment of society: • African Americans • Women • 18-year olds Inez Milholland

40. The 27 Amendments, cont. • 1791 - Amendments 1-10 • Bill of Rights • 1795 - Amendment 11 • States immune from certain lawsuits • 1804 - Amendment 12 • Changes in electoral college procedures • 1865 - Amendment 13 • Abolition of Slavery • 1868 - Amendment 14 • Citizenship, equal protection, and due process • 1870 - Amendment 15 • No denial of vote because of race, color or previous enslavement

41. The 27 Amendments, cont. • 1913 - Amendment 16 • Congress given the power to tax incomes • 1913 - Amendment 17 • Popular election of U.S. • Senators • 1919 - Amendment 18 • Prohibition of alcohol • 1920 - Amendment 19 • Women’s suffrage • 1933 - Amendment 20 • Change of dates for presidential and congressional terms • 1933 - Amendment 21 • Repeal of prohibition (Amendment 18)

42. The 27 Amendments, cont. • 1951 - Amendment 22 • Limit on presidential terms • 1961 - Amendment 23 • District of Columbia allowed to vote in presidential elections • 1964 - Amendment 24 • Ban of tax payment as voter qualification • 1967 - Amendment 25 • Presidential succession, vice presidential vacancy, and presidential disability • 1971 - Amendment 26 • Voting age changed to 18 • 1992 - Amendment 27 • Congressional pay

43. Review • Now that you have learned how the Constitution has been amended through the formal amendment process, go back and answer the Chapter Essential Question. • How has the Constitution lasted through changing times?

44. Chapter 3: The ConstitutionSection 3

45. Objectives – I CAN: Identify how basic legislation has added to our understanding of the Constitution over time. Describe the ways in which the executive and judicial branches have interpreted the Constitution. Analyze the role of party practices and custom in interpreting the Constitution.

46. Key Terms • executive agreement: a pact made by the President directly with the head of a foreign state • treaty: a formal agreement between two or more independent states • electoral college: the body of electors that makes the formal selection of the President

47. Key Terms, cont. • Cabinet: a body made up of the heads of the 15 executive departments that advises the President • senatorial courtesy: the Senate custom of refusing to approve any presidential appointee unless that person has the support of all Senators from the appointee’s home state who belong to the same party as the President

48. Introduction • How have the day-to-day workings of the government affected how we interpret the Constitution? • Congress passes new laws. • Presidents push to expand executive power. • The Supreme Court makes key rulings on constitutional issues. • Political parties influence the governing process. • Customs develop over time.

49. The 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.

50. Powers 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. • Over the years, Congress has passed thousands of laws that detail just what is meant by words like “regulate,” “trade,” “interstate” and “commerce.” In the process, it has interpreted the meaning of the Constitution.