Download Chapter 3 Section 1

Chapter 3 Section 1
Structure and Principles of The
Constitution
The Constitution
• This document was created more than 200
years ago.
• The success of our government depends on an
informed and participatory citizenry.
• The framers believed in a separation of
powers.
• This is why our government is divided into the
3 branches:
– Legislative, Executive and Judiciary.
Structure
• The US Constitution is simple and brief.
• It established structures of the government
but does not spell out every aspect. The
framers did this so that future generations
could work out those details as the need
became apparent.
• The Constitution contains about 7000 words
and is divided into 3 parts- The Preamble,
Articles and Amendments.
The Preamble
• This is simply the introduction for the
Constitution.
• It states why the Constitution was written.
• The framers wanted a government that would
provide stability and order and protect
citizens’ liberties and serve the people.
The Preamble
• “To form a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
defense, promote the general
Welfare, and secure the Blessings of
Liberty.”
Seven Articles
• The Constitution contains 7 divisions called
Articles.
• Each article covers a specific topic.
Article I
• Article I
– Establishes the legislative branch.
– Section I of this article creates the Congress.
– Section II and III set forth the details about the 2
houses of Congress.
Article II
• Article II
– This article created the executive branch.
– Section I states that the executive Power shall be
vested in a President of the United States of
America.
Article III
• Article III
– Section I establishes a Supreme Court to head the
judicial branch.
– Section II outlines the jurisdiction, or the
authority, of the Supreme Court and other federal
courts to rule on cases.
– Section III defines treason against the US.
Article IV
Article IV
– This article explains the relationship of the states
to one another and to the national government.
Article V
• Article V
– Spells out the ways that the Constitution can be
amended, or changed.
Article VI
• Article VI
– This one contains the supremacy clause, or the
idea that the Constitution, laws passed by
Congress, and treaties of the United States “shall
be the supreme Law of the Land”
Article VII
• Article VII
– This one addresses the ratification process.
The Amendments
• The third part on the constitution is called the
Amendments, or changes.
• The Constitution has been amended 27 times.
• This process provides a way this document can
remain responsive to the needs of a changing
nation.
Major Principles
• The Constitution rests on 6 basic principles:
– 1.
– 2.
– 3.
– 4.
– 5.
– 6.
Popular Sovereignty
Federalism
Separation of Powers
Checks and Balances
Judicial Review
Limited Government
1.Popular Sovereignty
• This is the idea that the people have the
power.
• Our government is based on this concept.
• Our government cannot work without the
consent of those being governed.
• Power flows from the people to the
government.
2. Federalism
• This term is used to describe the basic
structure of our government.
• This is when the power is divided between
national and state governments.
• Both levels have their own agencies and
officials and both can pass laws.
• This is a way to have a union but limit central
power so that the states can still have power
over local matters.
3. Separation of Powers
• Limit the central government
• Each branch has its responsibilities
• This was meant to prevent any one branch
from gaining too much power.
• The 3 branches are:
– Legislative
– Judicial
– Executive
4. Checks & Balances
• Each branch of government has some type of
control over the others.
• Congress can:
– Impeach judges, create lower federal courts, fix
jurisdictions, set size of the Supreme Court and
determine judges salaries.
– Can pass laws, create executive agencies, override
Presidential vetoes by a 2/3 vote of both
chambers, can impeach the President.
4. Checks & Balances
• Congress cont’d”:
– The Senate can:
• Confirm judges, ratify treaties, confirms Presidential
appointments to executive branch and courts.
4. Checks & Balances
• Judicial branch can:
– Interpret congressional statutes and declare acts
of Congress unconstitutional
– Declare presidential actions unconstitutional and
can determine whether the executive branch is
properly administering laws passed by Congress.
4. Checks & Balances
• Executive branch can:
– Nominate federal judges, may enforce court
orders, can recommend legislation to Congress,
veto bills passed by Congress and implement laws
passed by Congress.
5. Judicial Review
• The power of the court to declare laws and
actions of local, state, or national
governments invalid is called judicial review.
• All federal courts have this power but the
Supreme Court is the final say.
5. Judicial Review
• Marbury vs. Madison (1803)
– Established precedent for federal courts to rule on
the actions of the government. This was one of
the most significant principles of American
Constitutional Law. Basically, this case said that
the Supreme Court has the final say on what the
Constitution means. It also has final say on
whether or not an act of government violates the
Constitution.
6. Limited Government
• The Constitution limits the actions of
government by specifically listing powers that
it does and does not have.
• The first 10 Amendments set these specific
limits in the areas of freedom of expression,
personal security, and fair trials.
Questions and Key words
• Key words
– Article, jurisdiction, supremacy clause,
amendment, popular sovereignty, federalism,
separation of powers, checks and balances, veto,
judicial review.
Questions and Key words
• 1. Use a graphic organizer to show how the
Constitution divides the powers of the federal
government.
• 2. Explain Marbury vs. Madison
• 3. What are the six underlying principles of
the Constitution?