ࡱ> DFC[ \$bjbj ">jj\ l` ` ` ` t <h!  $" >$ ! !R "!RRR . R R"Rto| d ` . 8!0h!$:$ RChapter 3: The Constitution Section 1: The Structure of Our Constitution Introduction Constitution = +- 5,000 words. With Amendments = +- 7,000 words The founding fathers DID NOT attempt to spell out exactly how the government, rather a framework was created Founding fathers = Framers Constitution contains 3 major parts Preamble Seven Articles 27 amendments Preamble The introductory statement that sets forth the reasons and intentions It also lists the major goals that Americans should Strive for (six) It shows the framers wanted the government to provide law and order but also to serve the people by insuring liberty for everyone The Articles There are seven articles in the U.S. Constitution Article I Outlines the Legislative powers that are given to Congress (laws) Article II Outlines the Executive powers The Presidency It outlines how the President is empowered to carry out or veto the laws created by Congress It also outlines how the President is to be elected Article III Outlines the Federal Judicial system and the Supreme court Gives Congress the power to create lower courts Article IV Outlines how the Federal Government is to linked to the States Article V Outlines the Amendment process (changing the Constitution) Article VI Makes the Constitution the Supreme Law of the land Supremacy Clause Article VII Indicates how the Constitution goes into effect after ratification The Amendments The third part of the Constitution is the Amendments 1st was Bill of Rights (1-10), the last #27 was passed in 1992 Section 2: The Constitutions Major Principles of Government Introduction The Constitution is filled with details of how our nation should be governed These details fall under six basic principles of American Government The major Principles of Government Limited Government Framers were fearful of another Monarchy or tyranny The US Constitution included the principle of Limited Government The government can only do what the people allow it to do Limited Government is often called the Rule of Law Popular Sovereignty People are the ultimate source of nay power given to the government Separation of Powers Framers wanted to prevent a tyranny (ultimate, unchecked power) James Madison devised a 3-branch scheme (Madisonian Model) Legislative, Executive, and Judicial Branches were formed Checks and Balances All independent and have the same power, but could overturn an order/law/enforcement that another branch has passed SEE CHART Judicial Review The courts ability to decide whether an act of a legislature does or does not violate the Constitution If an act/law/decision is found to violate the Con. It is declared UNCONSTITUTIONAL and thrown out Judicial Review is NOT explicitly stated in the Constitution but most believed it is IMPLIED that the Federal courts had this power Made famous in the Marbury v. Madison case of 1803 1st case where an act of Congress was declared unconstitutional Federalism National (Federal) government coexists with various state governments. The Constitution grants state rights thus this principle guarantees that the Federal government has some powers and the State governments have some powers. Section 3: The Bill of Rights Introduction In order for the Constitution to be ratified, the Federalists had to provide assurances to protect the Natural Rights of the Citizens James Madison considered over 200 state recommendations as he drew up the first draft of the BILL OF RIGHTS Madisons Difficult Job As Madison wrote the Constitution, he never felt there was a need for a Bill of Rights. Thomas Jefferson and other Anti-Federalists had other plans and demands before some states would ratify the Constitution Madison reduced 200 state recommendations to 16 amendments, Congress then eliminated 4 The states then eliminated 2 Total number of amendments was 10 Ought v. shall Language was very important in writing the Bill of Rights. Madison struggled with the words ought and shall Ought was felt to mean should but not definitely Shall was a command and very precise in meaning Madison wanted the Bill of Rights to be a command! Ten Amendments are Ratified December 15, 1791, the Bill of Rights was adopted when Virginia ratified them After 1791, the Natural Rights of all US Citizens were protected at the National level. (in theory) The Bill of Rights guarantees US citizens freedom of expression and belief of individual security, and equal and fair treatment before the law Section 4: The Formal Process of Amending the Constitution Introduction In over 200 years, the US Constitution has been amended only 27 times. Article V of the Constitution made the formal amendment process extremely difficult Methods of Proposing an Amendment SEE CHART for visual Anyone can bring possible amendments to congress to be heard for proposal The First way Congress Proposes an Amendment Once a person brings up a possible amendment, 2/3 of the US Senate and 2/3 of the US House of Representative vote YES for the amendment being Proposed for Ratification The Second way -- The States Propose an Amendment Lets say a person brings up a possible amendment and the US Congress in not interested, if you get 2/3 of the State legislatures on board they can request a National Amending Convention, Congress then must grant one. A majority vote in the convention would send the Amendment Proposal to the ratification process This has never been used It was almost done twice!! Elimination of the Supreme Courts one man one vote Making the federal government balance its budget each year Methods of Ratifying an Amendment for the US Constitution Once the Amendment is proposed by Congress, or a National Convention, the proposal is sent to the states for ratification The First Way of the state legislatures must vote in favor of the amendment for it to by ratified The Second Way The states can call a Ratification Convention in an attempt to get the approval vote for the amendment to be ratified This has only been used once 21st Amendment (repealed Prohibition) Why so Hard? (over 7,000 amendments have been brought to the table) 2/3 of both houses = 17 out of 50 states is all needed to reject proposal of all states to ratify = 12 out of 50 states is needed to reject ratification Time limit to ratify was also a problem until Dillion v. Gloss case where Supreme Court ruled in favor of a 7 year time limit on ratification (18th) Section 5: The Informal Amending Process Introduction The Constitution can keep pace with the times and grow as we need it to by changing it by an INFORMAL process The Constitution IS NOT being changed rather it is being interpreted differently over the years By doing this, it shows the Constitution is a very flexible document adapting itself to new events and concerns There are 5 ways the Constitution can be informally amended Congressional legislation Congress can make laws and act accordingly to protect its citizens. I.e. the Commerce clause in the Constitution grants Congress the right to conduct trade but nothing on HOW! Presidential actions Nowhere in the Constitution does it say the president should propose bills and budgets, but they do They are Commander-in-chief and send troops to battle but Congress declares war Presidents have conducted foreign affairs where it is stated in the Constitution Congress is to do this. But Executive Agreements have been made between the president and other countries and are legally binding (legal) Judicial review Supreme Court rules on laws as the times change and the make-up of the court changes (segregation, abortion, etc) Technology (phones, computers, etc) is always changing so judgments and ultimately changes are made by the Supreme C. Political parties Nowhere in the Constitution it is stated how/why/if political parties influence the make-up of the federal government Yet, they nominate presidents and drive influential voting in both the House and Senate (vote with party not beliefs) Custom and usage George Washington created the Cabinet (heads of major federal departments) but it is not mentioned in the Constitution No third term was created by George Washington but Franklin Roosevelt won four terms (later changed by 25th amendment0 JLYnw   B C P    U j  4 EGrv7Sz-AZvw  $Xu;=@jkx [j 5>*CJ \ 6CJ ]>*CJ CJ H*CJ 5CJ \5\XKLY$HQ`nwI & F] & F0]0 & F0]0 & F0]0 00]0^0\$!Q\1 =  B C P   M & F0]0 & F0]0 & F0]0 00]0^0 & F0]0 & F0]0 & F0]0M  U j  4 *Drtuv & F`]` & F`]` & F`]` & F] & F]v)+67S & F0]0 & F0]0 & F0]0 00]0^0&z-Aw  Y & F] & F] & F] & F0]0 & F0]0 & F0]0 & F0]0Y?@jkxF 7 c!s!!]"o"" & F0]0 & F0]0 & F0]0 00]0^0 `0]`^0 & F]j !c!s!]"o"[#l#L$N$\$CJ H*>*CJ CJ "[#l##Z$[$\$ 00]0^00]0 & F0]0 & F0]0 & F0]0 1h/ =!"#h$% i8@8 NormalCJ_HaJmH sH tH @@@ Heading 1$00@&]0^0CJ <A@< Default Paragraph Font\ >KLY$HQ`nwI!Q\1=BCPMUj 4 *  D r t u v ) +67S&z-Aw  Y?@jkxF 7cs]o[lZ [ ^ 000 0 0L 0L 0 0L 0$ 0$ 0$ 0 0n 0n 0n 0 0 0 0 0 0 0 0 0 0 0 0 0Q 0 0 0 0 0 01 0 0 000 0 0C 0C0 0 0 0 0 0 0 0 0 0 0U 0U 0U 0 0  0  0 0  0  0  0  0  0 0  0 00000v  0v  0 v  0 v 0v  0v  0 v  0 v  0v  0v  0v  0 v  0v  0v  0v  0v 0v  0v  07v  07v  07v 00 0 0 0 0 0z 0z 0 0z 0 0 0 0A 0A 0 0 0 0 0 0 0 0 0 0 0000@ 0@ 0k@ 0x@ 0k@0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0@ 0c@ 0c@ 0@ 0]@ 0o@ 0@ 0[@ 0[@00j\$M vY"\$\$$ + ^ :[^ 333Q[ ^  Jeff AllisonbC:\Documents and Settings\Owner\Application Data\Microsoft\Word\AutoRecovery save of Document1.asd Jeff AllisonRC:\Documents and Settings\Owner\Desktop\Jeff's Files\Chapter 3 Section 1 notes.docRegistered User[H:\Jeff Allison's School files\American Government\Chapter 3 The Constitution\Chapter1.docRegistered UserXH:\Jeff Allison's School files\American Government\Chapter 3 The Constitution\Notes.docRegistered UserXH:\Jeff Allison's School files\American Government\Chapter 3 The Constitution\Notes.docxXw1K<0f6WP`CZ4r^hsd@nrb:PiT`k^`ko(.hh^h`.8L8^8`L.^`.  ^ `. 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