Government Honors: Chapter 3The Constitution1Section 1: Basic Principles of the ConstitutionConstitution is the nations fundamental law and is supreme law of the land-basic principles of government in the United StatesLimits within which government must conduct itselfBasic rules of American politicsSection 1: Basic Principles of the ConstitutionPreamble7 Articles27 AmendmentsNot incredibly detailed in its contentSection 1: Basic Principles of the Constitution1st 3 articles deal with the 3 branches of governmentBasic organization of each branch and how people are chosen for officeArticle IV- relationship with the statesArticle V- amendment processArticle VI- Constitution is supreme lawArticle VII- ratification

Section 1: Basic Principles of the ConstitutionArticle I :Bicameral- legislature is made of 2 housesHistorical reasons:Modeled after ParliamentMost colonial assemblies were bicameralNew state legislatures were bicameral

Section 1: Basic Principles of the ConstitutionArticle IPractical Reasons:Had to be able to compromise between the Virginia Plan and New Jersey PlanTheoretical Reasons:One house might check the otherThought legislature would dominate the new national governmentBicameral might also diffuse of the that power so that it didnt dominate other branchesSection 1: Basic Principles of the ConstitutionArticle II: Executive ArticlePresidential powerCommand the armed forcesMake treatiesApprove or veto acts of CongressCall special sessionsSend and receive diplomatic representatives Laws be faithfully executedOutline loosely drawn

Section 1: Basic Principles of the ConstitutionArticle III:One supreme court, and in such inferior courts as congress may from time to time ordain and establishInferior courts- lower federal courts under the Supreme courtMost cases heard in the United states are heard in state courtConstitutional courts: regular courtsSupreme court, court of appeals, district court, US court of International tradeSpecial courts: legislative courtsDont have broad judicial power of the United StatesCreated by congress for some special needUS Court of appeals for the armed forces, US court of Appeals for Veterans claims, US court of federal claims, US Tax Court, courts of District of ColumbiaSection 1: Basic Principles of the ConstitutionBasic Principles: 6 Basic Principles of the ConstitutionPopular SovereigntyGovernment only with the consent of the governedWe the peopleLimited GovernmentGovernment may only do those thing the people have given it the power to doGovernment must obey the lawConstitutionalism- government must be conducted according to the constitutional principlesRule of law- government and its officers are always subject to- never above- the lawSection 1: Basic Principles of the ConstitutionBasic Principles Cont.Separation of PowersBasic powers distributed among 3 distinct and independent branches of governmentChecks and BalancesEach branch is subject to a number of constitutional checks by the other branchesPresidential veto powerCongresss ability to override a vetoEtc.Section 1: Basic Principles of the ConstitutionJudicial ReviewPower of the court to determine the constitutionality of a governmental actionUnconstitutional- illegal and null and void based on some provision of the ConstitutionNot specifically writing in the Constitution (although most argue intended)Established in Marbury v. Madison (1803)FederalismDivision of power among a ventral government and several regional governments1. governmental power could pose a threat to individual liberty2. the exercise of governmental power must be restrained3. to divide government power is to curb it and prevent its abuseSection 2: Amending the ConstitutionConstitution provides for amendmentsAmendment- Changes in the written wordArticle V has the amendment process2 ways to propose amendments2 ways to ratify amendmentsSection 2: Amending the ConstitutionProposal:2/3rd vote in each house of CongressNational conventionRatification of state legislatures2/4 of state conventionsShows the founders desire for federalism

Section 2: Amending the ConstitutionPresident has no official role in amendment processStates can go back and approve if they originally reject a proposal, but once approved, they cant take away their approvalCan have a reasonable time placed on the passage of amendmentsSection 2: Amending the ConstitutionBill of Rights: 1st 10 amendments1-9 deal with civil rightsChart on page 9312th amendment- after the election of 1800 when there was a tie for the presidency13th amendment- abolition of slavery14th amendment- citizenship- all persons born or naturalized in the US- efficiently granting former slaves citizenshipSouthern states forced to ratify before they could rejoin Congress15th- voting rights to freed slaves

Section 2: Amending the Constitution18th- prohibition19th amendment- womens right to vote21st- repeal of prohibition22nd- President gets two termsFDR won the presidency 4 times26th- voting age to 1827th- Congress cant raise their own pay during that termOriginally written by James MadisonSection 2: Amending the Constitution

Others ways to change the constitution1) Passage of basic legislation by Congress2) actions taken by the President3) key decisions by the Supreme court4) activities of Political Parties5) custom and usageSection 2: Amending the ConstitutionBasic Legislation:Laws to clarify brief provisionsEx: structure of the federal court systemJudiciary Act of 1789Ex: different offices of the Executive BranchCongress in may ways has expanded the ConstitutionEx. Interstate Commerce

Section 2: Amending the ConstitutionExecutive Action:Executive agreement: a pact made by the President directly with the head of a foreign stateTreaty: formal agreement between two or more sovereign statesExecutive agreements dont have to be approved by the senateJust as legally bindingSection 2: Amending the ConstitutionCourt decisions:Supreme court interprets and applies the ConstitutionCourt established the power of judicial reviewSection 2: Amending the ConstitutionParty Practices:Ex: nominations of PresidentsParty politics now involved in almost every decisionElectoral college- body that makes the formal selection of the president

Section 2: Amending the ConstitutionCustom and Usage:Cabinet: 15 executive departments set up as an advisory body to the PresidentVP getting the office of the Presidency (until the 25th AmendmentSenatorial courtesy: approve only those presidential appointees who are acceptable to the senators of the Presidents party2 term presidents tradition