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.
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The Constitution The Constitution sets out the basic principles upon which government in the United States was built. The Constitution is a fairly brief.
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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.
Articles of the Constitution Section Subject
Preamble States the purpose of the Constitution
Article I Legislative Branch
Article II Executive Branch
Article III Judicial Branch
Article IV Relations among the States and with the National Government
Article V Amending the Constitution
Article VI National debts, supremacy of national law, and oaths of office
Article VII Ratifying the Constitution
The Constitution – The Six Basic Principles •Popular Sovereignty – asserts that the people are the source of any and all government power, and the government can exist only with the consent of the governed.
•Limited Government – states that government is restricted in what it may do, and each individual has rights that government cannot take away.
Popular Sovereignty and Limited Government
The Constitution – The Six Basic Principles •Separation of Powers – principle in which the executive, legislative, and judicial branches are three independent and coequal branches of government.
•Checks and Balances – system that allows the three branches to check, or restrain, the actions of one another.
Separation of Powers and Checks and Balances
Examples of Separation of Powers/Checks & Balances
Congress can pass laws with a 50%+1 vote
→ but the President can veto them.
The President can veto laws → but Congress can override the veto with a 2/3 vote.
The President and Congress may agree on a law
→ but the Supreme Court can declare a law unconstitutional.
The President can appoint Judges
→ but the Senate must approve them.
Supreme Court judges have life terms
→ but they can be impeached by Congress.
The Constitution – The Six Basic Principles •Judicial Review – the power of a court to determine the constitutionality of a governmental action.•Federalism – system of government in which the powers of government are divided between a central government and several local governments.
Judicial Review and Federalism
The Constitution – The Formal Amendment Process
1. Proposed by 2/3rd Congress in each house, then ratified by 3/4th state legislatures.26 of 27 Amendments were handled this way
2. Proposed by 2/3rd Congress in each house, then ratified by special convention in 3/4th of the states. 21st Amendment due to popular opinion
The Constitution – The Formal Amendment Process
3. Proposed by a national convention at a request of 2/3rd of the state legislatures, then ratified by 3/4th of the state legislatures.
Not one Amendment handled this way4. Proposed at a national convention called by
Congress when requested by 2/3rd of the states legislatures, then ratified by special conventions held in 3/4th of the states.
The Constitution itself
The Constitution – The Amendments
Federalism & Popular Sovereignty – • National and State governments come together• Actions represent the will of the people
The Critics – • Ratification should be completed via convention
as opposed to State legislatures• States cannot require a vote of the people
before ratification but it can call for an advisory vote (Supreme Court)
The Constitution – The Amendments Proposed Amendments – • One restriction – No deprivation of equal suffrage in
the Senate• Proposed amendments are not sent to the
President• A State may reject an amendment and reconsider at
a later date – opposite is not true• Congress can set a “reasonable time limit” on
ratification and grant extensions• 15,000 resolution calling for amendments - - 33
have been sent to the States - - 27 were ratified• Unratified amendments include issues such as
slavery, child labor, and the ERA (1972/1982)
The Constitution – The Amendments Bill of Rights – • 1st Ten AmendmentsLater Amendments – • Added as a result of some particular circumstance