The Six Basic Principles Chapter 3 Section 1

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Transcription:

The Six Basic Principles Chapter 3 Section 1

The 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 language is very general

What does the speaker in this cartoon mean when he says the Constitution isn t engraved in stone?

How It Is Organized The Constitution is organized into eight sections the Preamble and seven articles. The original document is followed by 27 amendments.

Articles Of The Constitution How do the first three articles differ from those that follow?

The 3 Basic Principles There are 3 basic principles included in the Constitution Popular Sovereignty Limited Government Separation of Powers

Popular Sovereignty The principle of popular sovereignty states that the people are the source of any and all government power government can exist only with the consent of the governed.

Limited Government The principle of limited government states that government is restricted in what it may do each individual has rights that government cannot take away.

Separation of Powers The principle in which the executive, legislative, and judicial branches of government: are three independent coequal branches of government.

The system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. Checks and Balances

In what ways can the power of the judiciary branch be checked by the other branches?

Judicial Review The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action.

What characteristics of a law can lead the Supreme Court to overturn it?

Federalism is a system of government in which the powers of government are divided between a central government and several local governments. Federalism

Formal Amendment Chapter 3 Section 2

Amending The Constitution The Constitution allows it to be amended the Constitution can be changed in written words. Article V sets out two methods for the proposal and two methods for the ratification creates four possible methods of formal amendment.

First Method Proposed by 2/3 vote in each house of congress Ratified by ¾ or 38 state legislatures

Second Method Amendment is proposed by Congress Ratified by a national convention called for that purpose in ¾ of the states

Third Method Proposed at a national convention called by Congress with 2/3 or 34 of state legislature approval Ratified by ¾ or 38 of the state legislatures

Fourth Method Proposed by a national convention Ratified at the convention by ¾ of the states

How does the formal amendment process illustrate federalism?

Federalism and Popular Sovereignty The amendment process emphasis the federal character of government Proposals take place at the national level Ratification is a stateby state nature

Informal Amendment Chapter 3 Section 3

The Process The process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. There are 5 ways in which this takes place

#1 Legislation By Congress Congress has been the agent of informal amendments in 2 ways Passed laws to help understand the Constitution's brief language Added ways in which Congress can use its powers

#2 Actions Taken By The President Presidents have made war without the Consent of Congress Executive Agreement Pact made by the President with the head of a foreign state They are not approved by the Senate They are legally binding like treaties

What are the risks in giving the President the power to send troops abroad without the consent of Congress

#3 Decisions of The Supreme Court Interpret and apply the Constitution in many cases they hear. Their interpretations of the Constitution make many informal agreements

#4 Political Party Actions Even though George Washington warned us about their evils: political parties are a major part of politics The Constitution does not really mention anything about the behavior of the parties How nominations for President are made Presidential appointments along party line

#5 Custom Unwritten rules are a strong as written ones Many things in government are created through custom Presidential Cabinet There was no rule until 1967 as to presidential succession Senatorial Courtesy Approving presidential appointees from his party

Why did FDR s reelection lead supporters of the no-third-term tradition to push for a constitutional amendment?