U.S. Government - Chapter 3

outline of Constitution

• sets out basic principles upon which gov in U.S. was built

• brief; 8 sections: preamble and 7 articles, followed by 27 amendments

What are the sections of the Constitution and what are their subjects?

• Preamble: states purpose of Constitution

• Article I: legislative branch

• Article II: executive branch

• Article III: judicial branch

• Article IV: relations among states and with National Gov

• Article V: amending the Constitution

• Article VI: national debts, supremacy of national law, and oaths of office

• Article VII: ratifying the Constitution

What are the basic principles of the Constitution?

• popular sovereignty: ppl are source of any and all governmental power; gov only exists with consent of governed

• limited gov: gov is restricted in what it may do; each individual has rights that cannot be taken by gov

• separation of powers: executive, legislative, and judicial branches of gov are 3 independent and coequal branches

• checks and balances: system that allows each branch to check or restrain the actions of one another

• judicial review: court has power to determine the constitutionality of a governmental action

• federalism: system of gov where powers of gov are divided between a central gov and several local govs

What are the 4 methods to formally amend (reword) the Constitution?

• 1st: amendment is proposed by Congress by a 2/3 vote in both houses, then ratified by 3/4 (38) of the State legislatures (26 out of 27)

• 2nd: amendment is proposed by Congress by a 2/3 vote in both houses, then ratified by special conventions in 3/4 (38) of the states (21st Amendment)

• 3rd: amendment is proposed at a national convention called by Congress when requested by 2/3 (34) of the State legislatures, then ratified by 3/4 (38) of the State legislatures

• 4th: amendment is proposed at a national convention called by Congress when requested by 2/3 (34) of the State legislatures, then ratified by special conventions in 3/4 (38) of the states

What is a limitation of the formal amendment process?

cannot amend Constitution to change a state’s rep in Senate without that State’s consent

Summarize the amendments.

• 1st 10 are the Bill of Rights bcuz set out great constitutional guarantees of freedoms for the American ppl

• 13th, 14th, and 15th are Civil War Amendments that combined to end slavery, define citizenship, proclaim the rights to due process and equal protection of the law, and outlaw restrictions based on race, color, or previous conditions of servitude

• other amendments further define workings of gov, empower gov, or deal with social issues

What are the 5 methods to informally (alter interpretation) amend the Constitution?

• Basic Legislation: Congress can pass laws that spell out Constitution’s brief provisions and laws that define and interpret the meaning of Constitutional provisions (ex. gun control laws that shape the 2nd Amendment’s right to bear arms and maintain state militias)

• Executive Action: Presidents can use their powers to delineate unclear Constitutional provisions (ex. Prez can make a difference by waging war, like Truman in Korea during the Cold War or Bush’s invasion of Panama, as opposed to Congress declaring war); Presidents can extend authority over foreign policy by making informal executive agreements with reps of foreign govs, thus avoiding Constitutional requirement of Senate having to approve formal treaties

• Court Decisions: courts interpret and apply Constitution as they see fit (ex. Marbury v. Madison where William Marbury sued James Madison to compel him to deliver a commission, court ruled it did not have that power based on the Judiciary Act of 1789, est judicial review); Supreme Court called a “constitutional convention in continuous succession”

• Party Practices: political parties a major source of informal amendments and shape gov and gov practices by holding political conventions, organizing Congress (House of Reps) along party lines, and injecting party politics in the process of presidential appts (ex. DNC and RNC inviting artists to perform and sway votes)

• Custom: each branch of gov has developed traditions that fall outside of Constitutional provisions (ex. executive advisory body known as the President’s cabinet); VP has succeeded to presidency when the Prez died 8 times (ex. after Prez Lincoln’s assassination, Johnson took the presidency and after Prez JFK’s assassination in 1963, LBJ took the presidency) (before 25th amendment in 1967); no 3rd term rule (22nd amendment in 1951)

What are the Bill of Rights (written by James Madison)?

• 1st Amendment: “The Heart of America’s Freedom”; freedom of religion, speech, press, and assembly

• 2nd Amendment: right to bear arms; right to own guns and maintain state militias

• 3rd Amendment: no forced housing of soldiers in private homes

• 4th Amendment: privacy amendment; law enforcement must have a good reason, in most cases a warrant, to search and seize people’s properties

• 5th Amendment: due process of law (legal proceedings must be carried out according to est rules and principles); trial by jury, due process, right to remain silent, double jeopardy, gov must pay fair price for land it needs (eminent domain)

• 6th Amendment: speedy trial by jury, have a lawyer, know why arrested, question prosecution witness, get defense witnesses

• 7th Amendment: right to trial by jury in civil cases more than $20

• 8th Amendment: protects from unfair bail and fines and cruel and unusual punishment

• 9th Amendment: citizen’s rights; people have other basic rights not specifically listed in Constitution (written specifically for Anti-Federalists)

• 10th Amendment: state’s rights; states retain powers not specifically listed or forbidden in Constitution