The Six Basic Principles
Chapter 3 Section 1
The Outline of The Constitution
• The Constitution sets
out the basic
principles upon which
government in the
United States was
built.
• The Constitution is a
fairly brief document.
– The language is very
general
What does the speaker in this cartoon mean when
he says “the Constitution isn’t engraved in stone”?
How It Is Organized
• The Constitution is
organized into eight
sections
– the Preamble and seven
articles.
– The original document is
followed by 27
amendments.
Articles Of The Constitution
How do the first three articles differ from those that follow?
The 3 Basic Principles
• There are 3 basic
principles included in
the Constitution
– Popular Sovereignty
– Limited Government
– Separation of Powers
Popular Sovereignty
• The principle of
popular sovereignty
states that the people
are the source of any
and all government
power
– government can exist
only with
the consent of the
governed.
Limited Government
• The principle of limited
government states that
government is
restricted in what it may
do
– each individual has
rights that government
cannot take away.
Separation of Powers
• The principle in which the executive, legislative,
and judicial branches of government:
– are three independent
– coequal branches of government.
Checks and Balances
• The system that
allows the
legislative,
executive, and
judicial branches to
check, or restrain,
the actions of one
another.
In what ways can the power of the judiciary branch be checked by
the other branches?
Judicial Review
• The principle of judicial
review
consists of the power of
a court to
determine the
constitutionality of a
governmental action.
What characteristics of a law can lead
the Supreme Court to overturn it?
Federalism
• Federalism is a system
of government in which
the powers of
government are divided
between a central
government and several
local governments.
Formal Amendment
Chapter 3 Section 2
Amending The Constitution
• The Constitution
allows it to be
amended
– the Constitution can
be changed in written
words.
• Article V sets out two
methods for the
proposal and two
methods for the
ratification
– creates four possible
methods of formal
amendment.
First Method
Proposed by 2/3 vote in
each house of congress
Ratified by ¾ or 38
state legislatures
Second Method
Amendment
is proposed
by Congress
Ratified by a national
convention called for that
purpose in ¾ of the states
Third Method
Proposed at a national convention
called by Congress with 2/3 or 34
of state legislature approval
Ratified by ¾ or
38 of the state
legislatures
Fourth Method
Proposed by a
national convention
Ratified at the convention
by ¾ of the states
How does the formal amendment
process illustrate federalism?
Federalism and Popular
Sovereignty
• The amendment
process emphasis the
federal character of
government
– Proposals take place
at the national level
– Ratification is a stateby state nature
Informal Amendment
Chapter 3 Section 3
The Process
• The process by which
over time many
changes have been
made in the
Constitution
– which have not involved
any changes in its
written word.
– There are 5 ways in
which this takes place
#1
Legislation By Congress
• Congress has been the
agent of informal
amendments in 2 ways
– Passed laws to help
understand the
Constitution's brief
language
– Added ways in which
Congress can use its
powers
#2
Actions Taken By The President
• Presidents have made
war without the
Consent of Congress
• Executive Agreement
– Pact made by the
President with the head
of a foreign state
– They are not approved
by the Senate
– They are legally binding
like treaties
What are the risks in giving the President
the power to send troops abroad without
the consent of Congress
#3
Decisions of The Supreme Court
• Interpret and apply the
Constitution in many
cases they hear.
• Their interpretations of
the Constitution make
many informal
agreements
#4
Political Party Actions
• Even though George
Washington warned us
about their evils:
– political parties are a major
part of politics
• The Constitution does not
really mention anything
about the behavior of the
parties
– How nominations for
President are made
– Presidential appointments
along party line
#5
Custom
• Unwritten rules are a
strong as written ones
• Many things in
government are created
through custom
– Presidential Cabinet
– There was no rule until
1967 as to presidential
succession
• Senatorial Courtesy
– Approving presidential
appointees from his party
Why did FDR’s reelection lead supporters of the
“no-third-term” tradition to push for a
constitutional amendment?