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Chapter 3: The Constitution
Section 1
Objectives
1. Understand the basic outline of the
Constitution.
2. Understand the six basic principles of the
Constitution: popular sovereignty, limited
government, separation of powers,
checks and balances, judicial review,
and federalism.
Chapter 3, Section 1
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Slide 2
Key Terms
• popular sovereignty: the political
principle that people are the source of all
governmental power and that government
requires the consent of the governed
• limited government: the idea that
government may only do those things that
the people have given it the power to do
• constitutionalism: the idea that
government must be conducted according
to constitutional principles
Chapter 3, Section 1
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Slide 3
Key Terms, cont.
• rule of law: the principle that government
and its officers must always obey the laws
of the land
• separation of powers: the principle that
each of the basic powers of government—
executive, legislative, and judicial—should
be wielded by an independent branch of
government
Chapter 3, Section 1
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Slide 4
Key Terms, cont.
• checks and balances: the system under
which each branch of government can
check, or limit, the actions of the other
branches
• veto: to reject an act of Congress
• judicial review: the power of a court to
determine whether a government action is
constitutional or not
Chapter 3, Section 1
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Slide 5
Key Terms, cont.
• unconstitutional: in violation of a
provision of the Constitution, and therefore
illegal and of no effect
• federalism: the principle that political
power should be divided between a central
government and a number of regional
governments
Chapter 3, Section 1
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Slide 6
Introduction
• What are the six main principles on which the
Constitution is based?
–
–
–
–
–
–
–
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
The Constitution embodies these key principles along
with describing the basic structure of our government.
Chapter 3, Section 1
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Slide 7
Outline of the Constitution
• The Constitution is
organized in a simple
fashion and is fairly brief.
– In many areas it focuses
more on principles than
specific details. This
helps it guide the nation
through changing times.
– The seven articles are
followed by the 27
amendments.
Chapter 3, Section 1
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Slide 8
Popular Sovereignty
• The principle that the
people are the only
source for all
governmental power.
– The government rules
through leaders elected
by the people to
represent the people.
– The Preamble notes that
the Constitution is
created by “We the
People.”
Chapter 3, Section 1
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Slide 9
Limited Government
• Government may only
do those things the
people have given it the
power to do.
– Government must
obey the law.
– Much of the
Constitution spells out
limits on the power of
the government.
Chapter 3, Section 1
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Slide 10
Separation of Powers
• Checkpoint: How does the separation of powers
keep government from becoming too powerful?
– The Constitution divides power among the legislative,
executive and judicial branches.
• Congress makes the laws, the President executes and
administers the laws, and the Supreme Court interprets
the laws.
– Separation of powers keeps a strong central
government from being too powerful.
• Too much power concentrated in any one branch could
lead to abuses of that power.
Chapter 3, Section 1
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Slide 11
Checks and Balances
• Each branch of the federal government can check
the power of the other two.
– The President can veto bills passed by Congress, but
Congress can override a veto.
– The Senate can reject presidential appointees or refuse
to ratify a treaty.
– Congress can vote to impeach a federal official.
– The federal courts can rule that executive and legislative
acts are unconstitutional.
Chapter 3, Section 1
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Slide 12
Checks and Balances, cont.
• The use of checks is
fairly rare.
– Compromise is more
common
– Conflicts more likely
when Congress and
the presidency are
controlled by different
parties.
Chapter 3, Section 1
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Slide 13
Judicial Review
• The Courts can decide if a government action is
constitutional.
– The power of judicial review is held by all federal courts
and most state courts.
– Judicial review was established as a necessary power of
the courts by Supreme Court Chief Justice John Marshal
in the case Marbury v. Madison in 1803.
– Most acts are found to be constitutional, but the Supreme
Court has struck down many presidential, congressional,
and state measures over the years.
Chapter 3, Section 1
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Slide 15
Federalism
• Federalism is a compromise between an allpowerful central government and an independent
state government.
– It corrected the weaknesses of the Articles of
Confederation without replacing them with a Britishstyle monarchy.
– The Framers felt that too much governmental power
threatened liberty.
– Federalism helps prevent that power from being
abused, by dividing governmental power.
Chapter 3, Section 1
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Slide 16
Federalism, cont.
• The Constitution divides power among the State
and Federal Governments.
– Why might the Constitution give the power to regulate
trade among the States to the Federal Government?
Chapter 3, Section 1
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Slide 17
Review
• Now that you have learned about the six
main principles on which the Constitution
is based, go back and answer the Chapter
Essential Question.
– How has the Constitution lasted through
changing times?
Chapter 3, Section 1
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Slide 18
Chapter 3: The Constitution
Section 2
Objectives
1. Identify the four different ways by which
the Constitution may be formally
changed.
2. Explain how the formal amendment
process illustrates the principles of
federalism and popular sovereignty.
3. Understand that several amendments
have been proposed, but not ratified.
4. Outline the 27 amendments that have
been added to the Constitution.
Chapter 3, Section 1
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Slide 20
Key Terms
• amendment: a change to the written words of
the Constitution
• ratification: the act of approving a proposed
amendment
• formal amendment: one of four ways to change
or add to the written language of the Constitution
• Bill of Rights: the name given to the first ten
amendments to the Constitution, which
guarantee many basic freedoms; all ten
amendments were ratified in 1791
Chapter 3, Section 1
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Slide 21
Introduction
• How has the Constitution been amended
through the formal amendment process?
– The majority of amendments have been
proposed by a two-thirds vote of Congress
and ratified by three-fourths of the state
legislatures.
– An amendment can also be ratified by state
conventions held in three fourths of the states.
This has only happened once.
Chapter 3, Section 1
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Slide 22
Changing with the Times
• The amendment process allows the
Constitution to adapt to the changing
needs of our nation and society.
– The United States has gone from a farming
nation of less than 4 million people to a high-tech
country with a population of more than 300
million.
– Portions of the Constitution have been added,
deleted, or altered as a result of amendments.
Chapter 3, Section 1
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Slide 23
The Amendment Process
• Article V of the Constitution describes the
amendment process.
– Amendments may be proposed:
• By a two-thirds vote of each house of
Congress. [Done for 26 of 27 amendments.]
• By a national convention called by Congress at the
request of two-thirds of the state legislatures.
[Done for the 21st amendment.]
Chapter 3, Section 1
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Slide 24
The Amendment Process, cont.
• Amendments can be ratified:
– By three-fourths of
the state legislatures.
– By conventions in
three-fourths of the
states. [A method
not yet used.]
Chapter 3, Section 1
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Slide 25
Federalism
• Checkpoint: How does the federal amendment
process reflect the concept of federalism?
– Amendments are proposed at the national level and
ratified at the state level by legislatures or
conventions.
– A state can reject an amendment and later decide to
ratify it.
• But a state cannot change its mind after it votes to ratify
an amendment.
– The President cannot veto proposed amendments.
Chapter 3, Section 1
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Slide 26
Popular Sovereignty
• The amendment process is based on popular
sovereignty.
– The people elect the representatives who vote to propose
or ratify amendments.
– Some critics argue that conventions are a better way to
ratify amendments than state legislatures, because state
legislators are rarely elected based upon their views on an
amendment.
– The Supreme Court has ruled that states cannot require a
proposed amendment to be approved by popular vote
before the state legislature can ratify it.
Chapter 3, Section 1
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Slide 27
The Bill of Rights
• Checkpoint: What is the purpose of the Bill
of Rights?
– They spell out many basic rights and liberties.
– Many people would not support the
Constitution until a Bill of Rights was
promised.
Chapter 3, Section 1
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Slide 28
Proposed Amendments
• Most suggested amendments are never
proposed by Congress.
– Congress has sent only 33 of some 15,000
suggested amendments to the states.
• Six proposed amendments were not ratified by
the states.
– Congress can set a “reasonable” time limit for
ratification, usually around seven years.
• Failed amendments include one declaring the equal rights of
women (ERA) and one banning amendments dealing with
slavery.
Chapter 3, Section 1
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Slide 29
The 27 Amendments
• Many of the 27 current amendments were
proposed in response to legal disputes,
social conflicts, or perceived constitutional
problems.
– The 12th Amendment resolved a problem
with the presidential election process.
– The 13th Amendment abolished slavery.
Chapter 3, Section 1
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Slide 30
The 27 Amendments, cont.
• The 15th, 19th, and
26th Amendments
each extended voting
rights to a new
segment of society:
– African Americans
– Women
– 18-year olds
Inez Milholland
Chapter 3, Section 1
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Slide 31
The 27 Amendments, cont.
• 1791 - Amendments 1-10
– Bill of Rights
• 1795 - Amendment 11
– States immune from certain lawsuits
• 1804 - Amendment 12
– Changes in electoral college
procedures
• 1865 - Amendment 13
– Abolition of Slavery
• 1868 - Amendment 14
– Citizenship, equal protection, and due process
• 1870 - Amendment 15
– No denial of vote because of race, color or previous
enslavement
Chapter 3, Section 1
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The 27 Amendments, cont.
• 1913 - Amendment 16
– Congress given the power to tax
incomes
• 1913 - Amendment 17
– Popular election of U.S.
– Senators
• 1919 - Amendment 18
– Prohibition of alcohol
• 1920 - Amendment 19
– Women’s suffrage
• 1933 - Amendment 20
– Change of dates for presidential and congressional terms
• 1933 - Amendment 21
– Repeal of prohibition (Amendment 18)
Chapter 3, Section 1
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The 27 Amendments, cont.
• 1951 - Amendment 22
– Limit on presidential terms
• 1961 - Amendment 23
– District of Columbia allowed to vote in presidential elections
• 1964 - Amendment 24
– Ban of tax payment as voter qualification
• 1967 - Amendment 25
– Presidential succession, vice presidential
vacancy, and presidential disability
• 1971 - Amendment 26
– Voting age changed to 18
• 1992 - Amendment 27
– Congressional pay
Chapter 3, Section 1
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Slide 34
Review
• Now that you have learned how the
Constitution has been amended through
the formal amendment process, go back
and answer the Chapter Essential
Question.
– How has the Constitution lasted through
changing times?
Chapter 3, Section 1
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Slide 35
Chapter 3: The Constitution
Section 3
Objectives
1. Identify how basic legislation has added
to our understanding of the Constitution
over time.
2. Describe the ways in which the executive
and judicial branches have interpreted
the Constitution.
3. Analyze the role of party practices and
custom in interpreting the Constitution.
Chapter 3, Section 1
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Slide 37
Key Terms
• executive agreement: a pact made by the
President directly with the head of a
foreign state
• treaty: a formal agreement between two
or more independent states
• electoral college: the body of electors
that makes the formal selection of the
President
Chapter 3, Section 1
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Slide 38
Key Terms, cont.
• Cabinet: a body made up of the heads of
the 15 executive departments that advises
the President
• senatorial courtesy: the Senate custom
of refusing to approve any presidential
appointee unless that person has the
support of all Senators from the
appointee’s home state who belong to the
same party as the President
Chapter 3, Section 1
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Slide 39
Introduction
• How have the day-to-day workings of the
government affected how we interpret the
Constitution?
– Congress passes new laws.
– Presidents push to expand executive power.
– The Supreme Court makes key rulings on
constitutional issues.
– Political parties influence the governing process.
– Customs develop over time.
Chapter 3, Section 1
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Slide 40
The Role of Congress
• Congress has expanded upon basic
constitutional provisions.
– Congress created much of the specific structure of the
federal government.
– Congress established the federal court system—the
Constitution created only the Supreme Court.
– Congress created the many departments and agencies in
the executive branch.
– Congress has clarified issues such as the succession of
the Vice President.
Chapter 3, Section 1
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Slide 41
Powers of Congress
• Congress passes laws that clarify its own
constitutional powers.
– The Constitution describes some congressional
powers in vague terms.
• For example, Congress has the power to regulate
foreign trade and interstate commerce.
– Over the years, Congress has passed thousands
of laws that detail just what is meant by words like
“regulate,” “trade,” “interstate” and “commerce.” In
the process, it has interpreted the meaning of the
Constitution.
Chapter 3, Section 1
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Slide 42
Expanding Executive Power
• Presidents have increased their constitutional
powers by taking a broad interpretation of such
powers.
– Often this involves avoiding the need to gain
congressional approval.
• For example, only Congress can declare war. But while
acting as commander-in-chief, many Presidents have
sent military forces into combat without a formal act
of war.
• The Senate must approve formal treaties. But
Presidents can and do enter into legally binding
executive agreements with foreign leaders without
asking for Senate approval.
Chapter 3, Section 1
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Slide 43
Presidential Power
• The Constitution grants the President
“executive power.”
– Most Presidents argue that this power
includes the authority to do things not
specifically mentioned in the Constitution.
• For example, Thomas Jefferson used it as a
justification for acquiring new territory for the
United States when he purchased the Louisiana
Territory in 1803.
Chapter 3, Section 1
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Slide 44
The State of the Union
• While an address to
Congress is required by
the Constitution, the
method of address is left
to each President.
– Harry Truman’s State of
the Union was the first
televised address.
– Today, the State of the
Union is an annual
televised address to
Congress and all
Americans.
Chapter 3, Section 1
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Slide 45
The Courts
• The nation’s courts, particularly the Supreme
Court, interpret the Constitution on a regular
basis.
– The power of judicial review gives the Court the
power to declare laws unconstitutional.
– Declaring that a law is constitutional also involves
interpreting the Constitution.
– Each type of ruling sets a precedent for interpreting
future laws.
Chapter 3, Section 1
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Slide 46
Political Parties
• The Constitution does not mention political
parties.
– Most of the Framers actually opposed parties,
fearing they would divide the government.
Chapter 3, Section 1
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Slide 47
Political Parties, cont.
• Yet parties are very
influential in our
political process.
– The daily business
and the committee
system of Congress
are organized around
party membership.
Chapter 3, Section 1
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Slide 48
Political Parties, cont.
• Checkpoint: How have political parties changed
the way we interpret the Constitution?
– The Constitution says nothing about the nomination
process.
– Political parties use state primaries and national
conventions to choose candidates.
– Parties also influence the selection of electors to the
electoral college.
– Party membership also influences the President’s
decision-making process when choosing political
appointees.
Chapter 3, Section 1
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Slide 49
Customs
• Unwritten customs can be as influential as
written laws.
– The President’s Cabinet exists solely as a
result of custom rather than any laws.
– The custom of senatorial courtesy guides the
appointment of public officials.
Chapter 3, Section 1
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Slide 50
Customs, cont.
• Ever since George Washington, Presidents
had limited themselves to two terms in office.
• After Franklin Roosevelt was elected to four
consecutive terms from 1932 to 1944, the
two-term limit was made into law by
passage of the 22nd Amendment in 1951.
Chapter 3, Section 1
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Slide 51
Customs, cont.
• Checkpoint: Which customs did the
22nd and 25th Amendments establish
as laws?
– For years, the Vice President assumed the
office of the presidency when the President
died.
– But this was not a formal law until ratification
of the 25th amendment in 1967.
Chapter 3, Section 1
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Slide 52
Review
• Now that you have learned how the dayto-day working of the government have
affected how we interpret the Constitution,
go back and answer the Chapter Essential
Question.
– How has the Constitution lasted through
changing times?
Chapter 3, Section 1
Copyright © Pearson Education, Inc.
Slide 53