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CHAPTER 3 AMERICAN HOLT GOVERNMENT The U.S. Constitution Section 1: Basic Principles Section 2: Amending the Constitution Section 3: A Flexible Document Section 4: The Constitution and the Public Good 1 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 1: Basic Principles AMERICAN HOLT GOVERNMENT Objectives: What are the five basic principles on which the U.S. Constitution is based? How does the Constitution ensure the people’s authority over government? How does the Constitution provide for a system of limited government? In what way does the Constitution protect the rights of the states? 2 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 1: Basic Principles AMERICAN HOLT GOVERNMENT Basic principles which form the basis of the U.S. Constitution: popular sovereignty limited government separation of powers checks and balances judicial review 3 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 1: Basic Principles AMERICAN HOLT GOVERNMENT How the Constitution ensures popular sovereignty: All the power of the government resides in the people, exercised by elected representatives. (Aristotle) Avoids aristocracy,monarchy and a direct democracy “A republic if you can keep it.” - Ben Franklin 4 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 1: Basic Principles AMERICAN HOLT GOVERNMENT Ways the Constitution limits government: Holds that government is not all powerful. Government has authority because people give it Federalism (local,state,national) Change by electoral process Referendum > Initiative > Petition > 5 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 1: Basic Principles AMERICAN HOLT GOVERNMENT Separation of Powers Ensures that all government power doesn’t fall into the hands of one person or group of people Legislative > Makes the laws (Article I) Power of Purse Executive > Enforces laws (Article II) State of Union Judicial > Interprets laws (Article III) Serve for life, salary can never be reduced. No fear of retribution In theory it’s 3 separate branches exercising powers over the other, but in reality it’s “three separate institutions sharing powers” 6 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 1: Basic Principles AMERICAN HOLT GOVERNMENT Checks and Balances Giving each branch of government some form of control over the other branches Example: President: Power to appoint Judges, Pardon Powers Senate: Approves Federal Judges,Power to alter size of Supreme Court Judicial: Chief Justice presides as President of Senate during presidential Impeachment, Judicial Review > unconstitutional 7 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 2: Amending the Constitution AMERICAN HOLT GOVERNMENT Objectives: Why did the framers establish ways to amend the Constitution? What are the methods for amending the Constitution? What is the purpose of the Bill of Rights? 8 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 2: Amending the Constitution AMERICAN HOLT GOVERNMENT The framers established ways to amend the Constitution because they realized they were unable to anticipate future challenges that the United States would face as it grew. 9 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 2: Amending the Constitution AMERICAN HOLT GOVERNMENT Methods for amending the Constitution: proposal of amendments by a two thirds vote in both houses of Congress or by a national convention called by two thirds of the states ratification of amendments by approval of three fourths of the state legislatures or by approval of special conventions in three fourths of the states 10 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 2: Amending the Constitution AMERICAN HOLT GOVERNMENT The purpose of the Bill of Rights: to protect individual freedoms to acknowledge the powers of the states and the people 11 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 3: A Flexible Document AMERICAN HOLT GOVERNMENT Objectives: How does the Constitution give the three branches of government flexibility in using their powers? How have political parties changed the way government operates? How does the Constitution allow custom and tradition to help shape government? 12 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 3: A Flexible Document AMERICAN HOLT GOVERNMENT Flexibility the three branches of government have in using their powers: ability of the federal courts to make decisions about interpreting laws ability of Congress to create and amend legislation ability of the executive branch to interpret its powers to take action 13 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 3: A Flexible Document AMERICAN HOLT GOVERNMENT Effects of political parties on the government: influence the election of the president and other government officials have a role in organizing the day-to-day operations of Congress 14 HOLT, RINEHART AND WINSTON The U.S. Constitution Section 3: A Flexible Document AMERICAN HOLT GOVERNMENT Roles of custom and tradition in shaping the government: affect the organization or composition of government areas can bring pressure to make formal changes to the Constitution 15 HOLT, RINEHART AND WINSTON The U.S. Constitution AMERICAN HOLT GOVERNMENT Section 4: The Constitution and the Public Good Objectives: What were some of James Madison’s contributions to the development of the U.S. government? How does the Constitution ensure that government makes laws that promote the public good? Why do critics claim that the Constitution sometimes makes government less effective? 16 HOLT, RINEHART AND WINSTON The U.S. Constitution AMERICAN HOLT GOVERNMENT Section 4: The Constitution and the Public Good Some of James Madison’s contributions to the development of the U.S. government: argued that the Constitution prevented control by factions because of the large size of the United States and the system of checks and balances provided by the Constitution reasoned that large republics, like the United States, would represent the broad interests of society and promote the public good 17 HOLT, RINEHART AND WINSTON The U.S. Constitution AMERICAN HOLT GOVERNMENT Section 4: The Constitution and the Public Good How the Constitution ensures that government makes laws promoting the public good: places control of all government power in the hands of U.S. citizens prevents the passage of policies that represent the narrow interests of just a few groups 18 HOLT, RINEHART AND WINSTON The U.S. Constitution AMERICAN HOLT GOVERNMENT Section 4: The Constitution and the Public Good Reasons critics claim the Constitution makes government less effective: promotes gridlock eases the ability of government leaders to avoid responsibility for problems 19 HOLT, RINEHART AND WINSTON AMERICAN HOLT GOVERNMENT Chapter Wrap-Up 1. In what ways does the Constitution reflect the principles of popular sovereignty and limited government? 2. Why did the framers of the Constitution create a distinct form of federalism instead of adopting a unitary system of government? 3. How does the Bill of Rights work to protect individual rights? 20 HOLT, RINEHART AND WINSTON AMERICAN HOLT GOVERNMENT Chapter Wrap-Up 4. Why has the Constitution been amended only 27 times in more than 200 years? 5. Why did James Madison believe that the U.S. republic’s large size would help government serve the public good? 6. How does the system of checks and balances help prevent one branch of government from becoming too powerful? 21 HOLT, RINEHART AND WINSTON