Ch 9 The Constitution Student Notes
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Name three ways James Madison contributed to our current form of government:
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Students will be able to…
…compare and contrast the strengths and weaknesses of the Articles of Confederation to those of the
new Constitution.
…identify and evaluate the sources, plans, and compromises for the Constitution and the balance of
power in government.
…identify the points of view of the Federalists and Anti-Federalists.
…compare and contrast arguments supporting and opposing the adoption of the Constitution.
Key Words:
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Popular Sovereignty
Constitutional Republic
Enumerated Powers
Reserved Powers
Concurrent Power
Separation of Powers
Judicial Review
Due Process
Equal Protection
Naturalization
This information can be found on pages 256 - 265 in your textbook
 Our Constitution provides us with seven key principles, upon which the American
system of government rest:
1. Popular Sovereignty
2. Republicanism
3. Limited Government
4. Federalism
5. Separation of Powers
6. Checks and Balances
7. Individual Rights
 Popular Sovereignty is the idea that the power of government lies with the people.
o This principle guards us against the abuse of power by the government.
 A Republic is a government in which power is held by the people and exercised by their
elected officials.
o Citizens have the right to choose their representatives; The power to govern is not
inherited.
o Our overall form of government is considered to be a Constitutional Republic.
 The Constitutional framers wanted a Limited Government, meaning they wanted the
government’s powers to be strictly defined.
o The only powers our government has are given to it by the people.
 Our Constitution creates a Federal system. It explains how powers are distributed
among different levels of government.
o The powers specifically given to the U.S. Congress are called Enumerated Powers.
This would include the power to coin money, regulate trade, maintain a military.
o The powers specifically given to the states are called Reserved Powers. The
Constitution does not specifically list the powers given to the states, although the
Tenth Amendment declares that all powers not specifically granted to the federal
government (national government) are “reserved to the States”. This would
include the power to establish schools, pass marriage and divorce laws and
regulate trade within a state.
o Some powers are shared by the federal and state governments. These are called
Concurrent Powers. These would include the power to raise taxes, borrow
money, provide public welfare and administer criminal justice.
 To make sure no person or group of people in government becomes too powerful, the
Constitution provides for a Separation of Powers.
o This means that each of the three branches of our government (Legislative,
Executive and Judicial) have different (and limited) powers, duties, and
responsibilities.
 Our Constitution sets up a system of Checks and Balances.
o Each branch of the government can limit the power of the other two branches.
 The Executive branch can limit the Legislative branch by veto and they can limit the
Judicial branch by appointing judges.
 The Legislative branch can limit the Executive branch by impeaching the President,
overriding vetoes, and refusing to approve treaties. They can limit the Judicial branch
by impeaching judges and rejecting the appointment of new judges.
 The Judicial branch can
limit the Executive
branch by declaring
presidential actions
unconstitutional and
can limit the
Legislative branch by
declaring laws
unconstitutional.
 In 1791, a Bill of Rights
was written and
included as part of the Constitution.
 Since 1791, other amendments have
been written to expand on the rights of
American citizens. For example, other
amendments have abolished slavery,
defined citizenship, guaranteed the right
to vote to people 18 and over, etc.
 As of today, our constitution has been amended 27 times. There is a formal process for
amending the Constitution.
o An amendment can be proposed either by Congress or by the States. 2/3 of the
members of both the house and the senate or 2/3 of the states need to agree
with the amendment.
o After proposal, the amendment must be ratified. This can be done if 3/4 of the
states agree, either by voting at a state convention or the state legislature.
 The federal government is divided into three branches:
o The two houses of Congress (House of Representatives and the Senate) make up
the Legislative branch. This is referred to as the lawmaking branch.
 The House of
Representatives currently
has 435 voting members
representing each of the
50 states. There are also 6
nonvoting members
representing the District of Columbia, Puerto Rico, Guam, American Samoa,
the Virgin Islands and the Northern Mariana Islands. Representatives must
be at least 25 years old and they can serve an unlimited number of twoyear terms. The number of representatives from each state is based on the
state’s population, which is re-evaluated every ten years.
 The Senate is made up of 100 senators, two from each state. Senators
must be at least thirty years old and they can serve an unlimited number of
six year terms.
o Both houses of Congress
must agree on a bill, or
proposed law. Once both
houses do this, the bill goes
to the president. The
president can either sign the
bill into law, or veto it.
 The Executive branch is led by the President and Vice President, who each serve a four
year term. The President’s cabinet, or group of advisors are also included in this branch.
o The executive’s job is to administrate or carry out, the laws passed by Congress.
The president can also propose bills to Congress. The President also directs
foreign policy, names ambassadors, negotiate treaties and serves as the
commander in chief of the military.
 The Supreme Court is the head of the Judicial branch.
o The Supreme Court rules on issues of Constitutionality and its rulings are never
appealed. The Supreme Court also has the power of Judicial Review, which means
they can review the actions of the other two branches and determine whether or
not they violate the Constitution. Supreme Court Justices, or members, are
nominated by the President and approved by Congress. Unless they are
impeached, they may serve until they choose to retire. Today, the Supreme Court
is made up of nine Justices (one Chief Justice and eight associate Justices).
 Being a United States citizen ensures certain rights and responsibilities:
o Citizens have the right to be treated fairly by our government. The Fifth
Amendment states that no one shall, “be deprived of life, liberty, or property,
without Due Process of law.” Due Process means the government must follow
certain procedures when taking action against a citizen. The Fourteenth
Amendment guarantees all people Equal Protection under the law. This means
that all people must receive the same treatment, regardless of race, religion, or
political beliefs. The First Amendment outlines many basic freedoms: freedoms of
religion, speech, press, assembly and petitioning the government. Our rights and
freedoms have limits. For example, free speech may be limited if it threatens
public safety. Also, one person’s rights cannot take away from another person’s
rights.
 A citizen is defined as a person who owes loyalty to a nation and is entitled to its
protection.
o Anyone born on U.S. soil is automatically a U.S. citizen. This includes American
territories and military bases around the world. Citizenship is also granted to
anyone born outside the U.S. if one parent is a U.S. citizen. A person born in
another country can become a citizen through a process called naturalization. To
become a citizen, a person must be at least 18 years of age, be a resident of the
U.S. for a certain amount of time, be able to speak, read and write English, have
an understanding of U.S. history, be a person of good character.
Practice Questions:
1. Write a paragraph explaining the following terms: Enumerated Powers, Reserved
Powers, Concurrent Powers.
Enumerated Powers belong to the federal government. Reserved powers belong to the states.
Concurrent powers are shared by the federal and state governments.
2. Why did the Framers of our Constitution want to establish a system of limited
government in the Constitution, and how did they accomplish that goal?
The Framers wanted a stronger government, but they didn’t want the government to abuse its
power and threaten their freedom. They established a Constitutional Republic. The power of
the government is limited by the Constitution.
3. Write a paragraph that includes the following terms: Due Process, Equal Protection.
Due Process means that the government has to follow certain rules before it can act against a
person. Equal Protection means that everyone must be treated equally under the law. Both
of these are rights established by the Constitution and are guaranteed to all citizens.
4. How do the responsibilities of citizenship reflect our identity as a democratic nation?
Citizens should be informed about the issues, vote in elections, serve on juries, and respect the
rights and opinions of others. These are necessary behaviors in a democratic society.
5. Opinion: Do you think the ‘Black Lives Matter’ movement violates Equal Protection?