US GOVERNMENT
US GOVERNMENT
Chapter 3 Notes The Living Constitution
[1] The Plan of Our Government:
A. Created in 1787 – Philadelphia, Pennsylvania
* 7,000 words in length (this is brief for a constitution)
* Oldest constitution in the world today.
B. Symbol of our nation
[2] Preamble:
A. 6 Goals For Our Government / Purpose (Preamble located on page C2 of the textbook.)
* Form a more perfect union
* Establish justice
* Insure domestic tranquility
* Provide for the common defense
* Promote the general welfare
* Secure the Blessings of Liberty to ourselves and our posterity
[3] 7 Articles: The Original Constitution
A. Article I – established the legislative branch
1. Congress – This is made up of two groups, the House and the Senate.
a) House of Representatives: 435 Members
- Based on state population
- 2 yr term
- 1 per state (minimum)
* Minimum requirements to be a member of the House:
- 25 years of age
- 7 year U.S. citizen
- resident of the state/district representing
b) Senate: 100 Members
- Based on equality
- 6 year term
- 2 per state
* Minimum requirements to be a member of the Senate:
- 30 years of age
- 9 year U.S. citizen
- resident of the state/district representing
(members are elected by the entire state, which is
called an "at-large" election.)
2. Article I spelled out the basic rules for making law.
B. Article II – established the executive branch.
1. President - 4 year term – May be elected 2 times – 10 years maximum
a. 35 years of age
b. 14 year U.S. citizen
c. "natural born" citizen
2. Office of Vice President established
C. Article III – established the judicial branch.
1. Supreme Court was established. (9 members currently)
2. They may hold office during "good behavior."
D. Article IV – relations of states
1. Privileges and immunities of citizens
2. Equal protection of all states from any attack, invasion, or insurrection.
E. Article V – provisions for amendments
1. (See Chart Handout)
F. Article VI – supremacy of national law
1. Oath to support the Constitution
2. No tests of religion can be given to hold a political office.
3. The Constitution is the supreme law of the land.
G. Article VII – ratification of the Constitution
1. 9 of the 13 states were needed to ratify the Constitution.
[4] The Basis for the Constitution: 6 Major Principles
A. Popular Sovereignty – “rule by the people” – the idea that people in a society make their
Decisions.
B. Federalism –
1. Power is divided between the national and the state governments.
2. Both levels of government must consent to any changes in the Constitution.
C. Separation of Powers –
1. Each branch of government (legislative, executive, and judicial) has power and specific
roles.
D. Checks and Balances – (See handout with charts)
1. This allows each branch of the U.S. government to maintain a balance of power with the
other two branches. Note - the checked items on the chart will be on the test.
E. Judicial Review -
1. The ability of the U.S. Supreme Court to determine if a certain law or act is
constitutional.
2. This power of the court was established by the ruling in the case of Marbury v.
Madison (1801).
F. Limited Government -
1. The belief that the government should not be the dictatorial overseer of the people.
[5] The Amendments:
A. Refer to the handout that has the Preamble, 7 Articles, and 27 Amendments.
B. You may also refer to the Constitution Quick Study Guide on pages C1-C23 in your book.
Government
Chapter 3 The Constitution
[6] Amending The Constitution: How have changes occurred?
A. Formal Amendments:
1. Article V (5): This process is outlined in the Constitution.
B. Informal Amendments:
1. Basic Legislation:– Laws, as opposed to formal amendments, have broadened the
Constitution. Example: Judiciary Act of 1789 – this act alone established the federal
court system.
2. Court Decisions:
a. Marbury v. Madison (1801) – This established the court policy known as judicial
review. The two types of judicial review are explained below:
I. Judicial Restraint – This is the belief that the Constitution should not be widely
interpreted, but should be read for what it literally states.
II. Judicial Activism – This is the belief that the Constitution should be broadly
interpreted, and modern changes and problems should be taken into account.
3. Party Practices: Ironically, political parties are not mentioned in the Constitution.
4. Custom:
a) Vice President “taking” the office of the President. This custom was eliminated by
Article II and the passage of the 25th Amendment.
b) “No 3rd Term” – This was a custom until FDR was elected to both a third and a fourth
term. This was made law by the 22nd Amendment.
c) Cabinet Positions: These can be traced back to George Washington and are in place to
aid the President. There are currently 15 positions.
[7] The “Politics” of Amendments:
A. What are the major barriers to passing an amendment to the U.S. Constitution?
1. The amendment process can take up to 7 years.
2. Lawmakers at the state and local levels must be influenced.
3. A favorable public opinion must be developed.
US GOVERNMENT
Chapter 3 Student Notes The Living Constitution
[1] The Plan of Our Government:
A. Created in ______________ – Philadelphia, Pennsylvania
* ____________________ words in length (this is brief for a constitution)
* ____________________ constitution in the world today.
B. __________________ of our nation
[2] Preamble:
A. _____Goals For Our Government / Purpose (Preamble located on page C2 of the textbook.)
* Form a more perfect ___________
* Establish _____________
* Insure _______________ ______________
* Provide for the common _______________
* Promote the general __________________
* Secure the Blessings of ______________ to ourselves and our ______________
[3] 7 Articles: The Original Constitution
A. Article I – established the legislative branch
1. Congress – This is made up of two groups, the House and the Senate.
a) House of Representatives: ____________ Members
- Based on state population
- __________ yr term
- __________ per state (minimum)
* Minimum requirements to be a member of the House:
- _________ years of age
- _________ year U.S. citizen
- resident of the state/district representing
b) Senate: ____________Members
- Based on equality
- ________ year term
- ________ per state
* Minimum requirements to be a member of the Senate:
- __________ years of age
- __________ year U.S. citizen
- resident of the state/district representing
(members are elected by the entire state, which is
called an "_____-large" election.)
2. Article I spelled out the basic rules for _______________ law.
B. Article II – established the ________________ branch.
1. President - 4 year term – May be elected _____times – ________ years maximum
a. ________ years of age
b. ________ year U.S. citizen
c. "______________ born" citizen
2. Office of Vice President established
C. Article III – established the _______________ branch.
1. Supreme Court was established. (________ members currently)
2. They may hold office during "good ____________."
D. Article IV – relations of states
1. Privileges and immunities of ______________
2. Equal protection of all __________ from any attack, ___________, or insurrection.
E. Article V – provisions for amendments
1. (See Chart Handout)
F. Article VI – supremacy of national _____________
1. ______________ to support the Constitution
2. No tests of ____________ can be given to hold a political office.
3. The Constitution is the _____________ law of the land.
G. Article VII – ratification of the Constitution
1. ____________ of the 13 states were needed to ratify the Constitution.
[4] The Basis for the Constitution: 6 Major Principles
A. Popular Sovereignty – “rule by the _____” – the idea that people in a society make their
decisions.
B. Federalism –
1. Power is divided between the __________ and the __________ governments.
2. Both ______ of government must consent to any changes in the Constitution.
C. Separation of Powers –
1. Each branch of government (legislative, executive, and judicial) has power and specific
roles.
D. Checks and Balances – (See chart handout)
1. This allows each branch of the U.S. government to maintain a _______ of power with the
other two branches. Note - the checked items on the chart will be on the test.
E. Judicial Review -
1. The ability of the U.S. Supreme Court to determine if a certain law or act is
_________________.
2. This power of the court was established by the ruling in the case of ___________ v.
Madison (__________).
F. Limited Government -
1. The belief that the government should not be the ____________ overseer of the people.
[5] The Amendments:
A. Refer to the handout that has the Preamble, 7 Articles, and 27 Amendments.
B. You may also refer to the Constitution Quick Study Guide on pages C1-C23 in your book.
Government
Chapter 3 The Constitution
[6] Amending The Constitution: How have changes occurred?
A. Formal Amendments:
1. Article V (5): This process is outlined in the ____________________.
B. Informal Amendments:
1. Basic Legislation:– _______, as opposed to formal amendments, have broadened the
Constitution. Example: ______ Act of ________ – this act alone established the federal
court system.
2. Court Decisions:
a. Marbury v. _________ (1801) – This established the court policy known as judicial
review. The two types of judicial review are explained below:
I. Judicial __________ – This is the belief that the Constitution should not be ______
interpreted, but should be read for what it literally states.
II. Judicial ___________– This is the belief that the Constitution should be broadly
interpreted, and modern _________ and problems should be taken into account.
3. Party Practices: Ironically, ____________ parties are not mentioned in the Constitution.
4. Custom:
a) Vice President “taking” the office of the President. This custom was eliminated by
Article II and the passage of the _______________ Amendment.
b) “No 3rd Term” – This was a custom until _____ was elected to both a third and a fourth
term. This was made law by the _____________ Amendment.
c) Cabinet Positions: These can be traced back to __________ ____________ and are in
place to aid the President. There are currently _______positions.
[7] The “Politics” of Amendments:
A. What are the major barriers to passing an amendment to the U.S. Constitution?
1. The amendment process can take up to _________ years.
2. Lawmakers at the ________ and ____________ levels must be influenced.
3. A favorable public _____________ must be developed.
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