Chapter 3: The Constitution
Chapter 3: The Constitution
Section 1: The Structure of Our Constitution
Introduction
a. Constitution = +- 5,000 words. With Amendments = +- 7,000 words
b. The founding fathers DID NOT attempt to spell out exactly how the government, rather a framework was created
i. Founding fathers = “Framers”
c. Constitution contains 3 major parts
i. Preamble
ii. Seven Articles
iii. 27 amendments
Preamble
a. The introductory statement that sets forth the reasons and intentions
b. It also lists the major goals that Americans should Strive for (six)
c. 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
a. There are seven articles in the U.S. Constitution
b. Article I
i. Outlines the Legislative powers that are given to Congress (laws)
c. Article II
i. Outlines the Executive powers – The Presidency
ii. It outlines how the President is empowered to carry out or veto the laws created by Congress
iii. It also outlines how the President is to be elected
d. Article III
i. Outlines the Federal Judicial system and the Supreme court
ii. Gives Congress the power to create lower courts
e. Article IV
i. Outlines how the Federal Government is to linked to the States
f. Article V
i. Outlines the Amendment process (changing the Constitution)
g. Article VI
i. Makes the Constitution the Supreme Law of the land “Supremacy Clause”
h. Article VII
i. Indicates how the Constitution goes into effect after ratification
The Amendments
a. The third part of the Constitution is the Amendments
b. 1st was Bill of Rights (1-10), the last #27 was passed in 1992
Section 2: The Constitution’s Major Principles of Government
Introduction
a. The Constitution is filled with details of how our nation should be governed
b. These details fall under six basic principles of American Government
The major Principles of Government
a. Limited Government
i. Framers were fearful of another Monarchy or tyranny
ii. The US Constitution included the principle of Limited Government
iii. The government can only do what the people allow it to do
iv. Limited Government is often called the “Rule of Law”
b. Popular Sovereignty
i. People are the ultimate source of nay power given to the government
c. Separation of Powers
i. Framers wanted to prevent a tyranny (ultimate, unchecked power)
ii. James Madison devised a 3-branch scheme (Madisonian Model)
iii. Legislative, Executive, and Judicial Branches were formed
d. Checks and Balances
i. All independent and have the same power, but could overturn an order/law/enforcement that another branch has passed
ii. SEE CHART
e. Judicial Review
i. The court’s ability to decide whether an act of a legislature does or does not violate the Constitution
ii. If an act/law/decision is found to violate the Con. It is declared UNCONSTITUTIONAL and thrown out
iii. Judicial Review is NOT explicitly stated in the Constitution but most believed it is IMPLIED that the Federal courts had this power
iv. Made famous in the Marbury v. Madison case of 1803
1. 1st case where an act of Congress was declared unconstitutional
f. Federalism
i. National (Federal) government coexists with various state governments.
ii. 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
a. In order for the Constitution to be ratified, the Federalists had to provide assurances to protect the Natural Rights of the Citizens
b. James Madison considered over 200 state recommendations as he drew up the first draft of the BILL OF RIGHTS
Madison’s Difficult Job
a. 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
b. Madison reduced 200 state recommendations to 16 amendments,
i. Congress then eliminated 4
ii. The states then eliminated 2
iii. Total number of amendments was 10
c. “Ought” v. “shall”
i. Language was very important in writing the Bill of Rights. Madison struggled with the words “ought” and “shall”
ii. “Ought” was felt to mean “should but not definitely”
iii. “Shall” was a command and very precise in meaning
iv. Madison wanted the Bill of Rights to be a command!
Ten Amendments are Ratified
a. December 15, 1791, the Bill of Rights was adopted when Virginia ratified them
b. After 1791, the Natural Rights of all US Citizens were protected at the National level. (in theory)
c. 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
a. In over 200 years, the US Constitution has been amended only 27 times.
b. Article V of the Constitution made the formal amendment process extremely difficult
Methods of Proposing an Amendment – SEE CHART for visual
a. Anyone can bring possible amendments to congress to be heard for proposal
b. The First way – Congress Proposes an Amendment
i. 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
c. The Second way -- The States Propose an Amendment
i. 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.
ii. A majority vote in the convention would send the Amendment Proposal to the ratification process
iii. This has never been used – It was almost done twice!!
1. Elimination of the Supreme Court’s one man one vote
2. Making the federal government balance its budget each year
Methods of Ratifying an Amendment for the US Constitution
a. Once the Amendment is proposed by Congress, or a National Convention, the proposal is sent to the states for ratification
b. The First Way
i. ¾ of the state legislatures must vote in favor of the amendment for it to by ratified
c. The Second Way
i. The states can call a Ratification Convention in an attempt to get the ¾ approval vote for the amendment to be ratified
ii. This has only been used once – 21st Amendment (repealed Prohibition)
Why so Hard? (over 7,000 amendments have been brought to the table)
a. 2/3 of both houses = 17 out of 50 states is all needed to reject proposal
b. ¾ of all states to ratify = 12 out of 50 states is needed to reject ratification
c. 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
a. The Constitution can keep pace with the times and grow as we need it to by changing it by an INFORMAL process
i. The Constitution IS NOT being changed rather it is being interpreted differently over the years
b. 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
a. Congressional legislation
i. 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!
b. Presidential actions
i. Nowhere in the Constitution does it say the president should propose bills and budgets, but they do
ii. They are Commander-in-chief and send troops to battle but Congress declares war
iii. 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)
c. Judicial review
i. Supreme Court rules on laws as the times change and the make-up of the court changes (segregation, abortion, etc…)
ii. Technology (phones, computers, etc…) is always changing so judgments and ultimately changes are made by the Supreme C.
d. Political parties
i. Nowhere in the Constitution it is stated how/why/if political parties influence the make-up of the federal government
1. Yet, they nominate presidents and drive influential voting in both the House and Senate (vote with party not beliefs)
e. Custom and usage
i. George Washington created the Cabinet (heads of major federal departments) but it is not mentioned in the Constitution
ii. No third term was created by George Washington but Franklin Roosevelt won four terms (later changed by 25th amendment0
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