Government: Chapter 3

Constitution

What has been nicknamed “the supreme law of the land?

The Constitution

Describe the basic outline of the Constitution.  Include the subject of each article.

The Constitution consists of a preamble and seven articles that outline the framework of the U.S. government. The articles cover the legislative branch (Article I), the executive branch (Article II), the judicial branch (Article III), states' powers (Article IV), the amendment process (Article V), prior debts and supremacy (Article VI), and the ratification process (Article VII)- 27 amendments

Give 3 reasons why our forefathers chose a bicameral legislature.

1.  Historical - British Gov’t and colonial gov’ts were mostly 2 houses

2.  Practical - solved dispute between Virginia and New Jersey Plans
3.  Theoretical - Senate and House act as a check on each other

T/F Much of our political history can be told in terms of struggle over the phrase “executive power” found in Article II?

TRUE

Why did the framers see a need for a national judiciary?  What did they create?

No Judicial branch under the Articles of Confederation, much 

fighting between states;  created U.S. Supreme Court with the 

ability to create other courts as well

Identify the 6 basic principles in the U.S. Constitution.

1. Popular Sovereignty 2. Limited Government 3. Separation of Powers 4. Checks and Balances 5. Judicial Review 6. Federalism

Define popular sovereignty.  Where does it first appear in the Constitution?

People are the source of all governmental power (consent of the governed), people have supreme power;  The Preamble “We the People . . .”

Define limited government

Government is not all powerful

Constitutionalism - government must follow the Constitution

Rule of Law - EVERYONE in government must obey the law

Identify and give the role of the 3 branches of the U.S. government as set-up by the principle of separation of powers  in the Constitution.

1.  Legislative - makes law - Congress;  

2.  Executive - enforces law - President; 

3. Judicial - interprets the law - U.S. Supreme Court

Why did our forefathers include the system of checks and balances in the Constitution?

Prevents any one branch from becoming too 

powerful and ensures that powers are distributed evenly

among the branches.

Review the checks and balances the legislative branch has on the other 2 branches.

Legislative over executive - can override veto, impeach the President, approve budget, create executive agencies, oversight function, Senate approves treaties and Presidential apptments

Legislative over judicial - Can impeach judges, create lower courts, Senate approves appointments of judges

Review the checks and balances the executive branch has on the other 2 branches

Executive over Legislative - veto legislation, call special session, recommend legislation, appeal to the people

Executive over Judicial - Appoint federal judges, powers of Clemency

Review the checks and balances the judicial branch has on the other 2 branches.

Judicial over Legislative - Declare acts of Congress unconstitutional

Judicial over Executive - Declare actions of the President unconstitutional, appointed for life

True or False: Although conflict does exist, the system of checks and balances forces the separate branches of government to compromise with each other on a continual basis.

TRUE

Define the basic principle of judicial review.  Who has this power?  Name the court case that established this power.

Power to determine if an act of government is Constitutional;  federal and state courts;  Marbury v Madison

Define federalism, why was this included?

Division of power between central and local governments (Washington D.C. and the 50 States);  Wanted to be sure the central government was not given too much power

Identify the 2 main ways that the constitution can be changed

Formally and Informally

Identify the 4 ways to formally amend the Constitution as stated in Article V.

1.  Proposed by ⅔ vote in each house, ratified by ¾ of state legislatures (26  of the 27 amendments)
2.  Proposed by ⅔ vote in each house, ratified by ¾ of state conventions    (21st amendment only)

3.  Proposed by national convention when called by ⅔ of states, ratified by ¾ of state legislatures

4.  Proposed by national convention when called by ⅔ of states, ratified by ¾ of state conventions

How does the formal amendment process reflect the principle of federalism?

Proposal must take place at the national (federal) level, 

ratification must occur at the State level

Why do many people oppose the way that most amendments have been ratified?

Ratification by State legislatures may not reflect the actual will of the people ( may not be what the people want)

What is the only part of the Constitution that cannot be changed using a formal amendment as stated in Article V?

No State shall be deprived of equal 

representation (suffrage) in the Senate (2 votes per State)

How many times has the Constitution been formally amended?    How many attempts have been made at formally amending the Constitution?

27;  More than 12,000 ideas;  34 sent to states, 27 approved

Collectively, the first 10 amendments to the Constitution are known as the …..

Bill of Rights

What was unique about the ratification of the 27th Amendment?

Proposed the same time as the Bill of Rights (1789) but not ratified until 1992!

What is an informal amendment?

Change made to the Constitution without actually changing the written word

Informal Amendent: Basic Legislation

laws passed by Congress;  examples - new courts created, new cabinet positions created, laws on taxes or trade, etc.

Informal Amendment: Executive Action

The President can sign executive orders and agreements, acts as commander-in-chief of the military

Informal amendment: Supreme Court Decisions

many court cases apply/stretch the meaning of the Constitution;  Example Roe v Wade

Informal Amendments: Political Party Practices

 examples:  national conventions nominate Presidential candidates, business in Congress based on party lines

Informal Amendment: Custom (Tradition)

Presidential succession, Washington started the first cabinet (4 members, now 15), “no third term” (until FDR,then Congress passed the 22nd amendment)