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January 8, 2018 | Author: Anonymous | Category: Social Science, Law, Constitutional Law
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Magruder’s American Government CHAPTER 3 The Constitution

© 2001 by Prentice Hall, Inc.

CHAPTER 3

The Constitution

SECTION 1 The Six Basic Principles SECTION 2 Formal Amendment

SECTION 3 Informal Amendment

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Chapter 3

SECTION 1

The Six Basic Principles

• What are the important elements of the Constitution?

• What are the six basic principles of the Constitution?

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Chapter 3, Section 1

Original US Constitution

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An Outline of the Constitution

• The Constitution sets out the basic principles upon which government in the United States was built. • The Constitution is a fairly brief document. • The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments. Go To Section:

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Chapter 3, Section 1

Articles of the Constitution



Preamble – States the purpose of the Constitution, the purpose of gov’t

• • • •

Article 1 – Creation and structure of Legislative Branch

• • •

Article 5 – Amendment process

Article 2 – Creation and structure of Executive Branch Article 3 – Creation and structure of Judicial Branch

Article 4 – Relations between the states and the states to national gov’t

Article 6 – National debts, supremacy clause, oaths of office Article 7 – Ratifying the Constitution Go To Section:

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6 Basic Principles • Popular Sovereignty • The people are the only source for any and all governmental power. • Exercise sovereignty through voting • Limited Government • Government is not all powerful. • Government may do only those things that the people have given them the power to do. • Government must obey the laws

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Chapter 3, Section 1

5 Basic Principles cont. • Separation of powers • Ensures the limited power of the government • Creates three branches of government, Legislative, Executive, Judicial • No branch has more power than the other two

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More of the Basic Principles

• •





Checks and balances The system that creates overlapping power and responsibilities. If any branch gets to powerful, the other two have Veto power.

Keep each other in check to keep a balanced government

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Chapter 3, Section 1

More basic principles • • • •

Judicial review The power of a court to determine the constitutionality of a governmental action. Federalism A system of government in which the powers of government are divided between a central government and several local governments.

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Section 1 Review 1. Article II of the Constitution establishes the powers of the (a) executive branch. (b) legislative branch. (c) States. (d) judicial branch.

2. The principle of popular sovereignty asserts that the (a) government should be divided into three branches. (b) monarch is the supreme ruler. (c) means of production should be owned by the proletariat. (d) people are the source of any and all government power.

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Chapter 3, Section 1

Section 1 Review 1. Article II of the Constitution establishes the powers of the (a) executive branch. (b) legislative branch. (c) States. (d) judicial branch.

2. The principle of popular sovereignty asserts that the (a) government should be divided into three branches. (b) monarch is the supreme ruler. (c) means of production should be owned by the proletariat. (d) people are the source of any and all government power.

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Chapter 3, Section 1

Cool Down

•List the six basic principles of the US Constitution. Explain which one you feel is the most important. Go To Section:

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SECTION 2

Formal Amendment

• What are the different ways to formally amend, or change the wording of, the Constitution?

• How many times has the Constitution been amended?

• What is the Bill of Rights?

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Chapter 3, Section 2

A Living Document

• US Constitution is the oldest national constitution in the world.

• Today’s Constitution is not the same document that was written in 1787.

• Things have been modified, deleted and added to the document

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Amending the Constitution

• The Constitution provides for its own amendments, changes in its written words.

• Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments

• Creating four possible methods of formal amendment. Go To Section:

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Chapter 3, Section 2

First Method

• Federal Level, Proposed and voted in favor of in two-thirds in each house of congress

• State Level, Ratified by three-fourths of the states legislatures

• 26 of 27 amendments were adopted this way

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Second Method

• Federal Level, Proposed and voted in favor of in two-thirds in each house of congress

• State Level, ratified by conventions (political meeting) in three-fourths of the states.

• Only the 21st amendment was adopted this way. Go To Section:

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Third Method

• Federal, Proposed by a national convention approved by two-thirds of congress

• State, Must be ratified by three-fourths of the state legislatures

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Fourth Method

• Federal, Proposed by a national convention approved by two-thirds of congress

• State, ratified by conventions in threefourths of the states.

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Formal Amendment Process •

The four different ways by which amendments may be added to the Constitution are shown here:

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Chapter 3, Section 2

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

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Chapter 3, Section 2

Section 2 Review 1. A formal amendment (a) changes the Constitution by passing laws. (b) changes the written language of the Constitution itself. (c) allows States to secede from the United States. (d) none of the above.

2. Many of the basic rights of citizens are constitutionally guaranteed in (a) English common law. (b) the Declaration of Independence. (c) the Magna Carta. (d) the Bill of Rights.

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Chapter 3, Section 2

Section 2 Review 1. A formal amendment (a) changes the Constitution by passing laws. (b) changes the written language of the Constitution itself. (c) allows States to secede from the United States. (d) none of the above.

2. Many of the basic rights of citizens are constitutionally guaranteed in (a) English common law. (b) the Declaration of Independence. (c) the Magna Carta. (d) the Bill of Rights.

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Chapter 3, Section 2

Cool Down

• Explain why there are four methods by which an amendment can be created.

• Why are the 13th, 14th, and 15th amendments known as the Civil Rights amendments?

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SECTION 3

Informal Amendment

• How has basic legislation changed the Constitution over time?

• What powers do the executive branch and the courts have to amend the Constitution?

• What role do party politics and custom have in shaping the Federal Government?

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Chapter 3, Section 3

Informal Amendment Processes Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. The informal amendment process can take place by: (1) the passage of basic legislation by Congress; (2) actions taken by the President; (3) key decisions of the Supreme Court; (4) the activities of political parties; and (5) custom. Go To Section:

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Chapter 3, Section 3

Basic Legislation

• •

• •

Passing certain laws can change the meaning of the constitution. 4th amendment “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated…

Patriot Act The Act increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial, and other records, without Warrant, if suspected of terrorism.

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Executive Action

• Presidents use of powers can change the meaning of the Constitution

• Constitution states that only Congress can declare war.

• The president is the commander in chief of the nations armed forces.

• Presidents have used the military in combat without a declaration of war several hundred times in American history. Go To Section:

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Court Decisions

• US supreme court interprets the Constitution in many cases they hear.

• 9th amendment – the people have more civil rights other than those mentioned in the constitution

• Roe v. Wade • Abortion is not mentioned in the US Constitution. Court decided according to the 9th amendment abortion is a woman's constitutional right.

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Political Party Practices

• The Constitution does not mention political parties, many framers were against political parties.

• Only three requirements for President • 35 years old, natural born US citizen, lived in US for 14 consecutive years.

• Political parties hold their process for nominating a presidential candidate.

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Custom

• Executive Branch, President, VP and Cabinet made up of 15 heads of executive department.

• Prior to 1967, 25th amendment, it was custom that saw a VP take over for a president that died in office.

• Prior to 1951, 22nd amendment, it was only custom that President not serve more than two terms

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COOL DOWN

Explain the difference between a formal amendment and an informal amendment? Want to connect to the Magruder’s link for this section? Click Here! Go To Section:

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Chapter 3, Section 3

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