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.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download