Main Idea: The Constitution serves as an adaptable blueprint for governing the United States.
Key Terms: Preamble, amendment, Bill of Rights, income tax.
Reading Strategy: Categorizing information about the Constitution's structure (Preamble, Articles, Amendments).
Americans in Action: Patrick Henry, a prominent Anti-Federalist, initially opposed the Constitution but later embraced it after the addition of the Bill of Rights.
The Constitution and Its Parts
The Constitution provides an adaptable framework for the U.S. government, lasting over 200 years.
It is the highest authority and basic law of the United States.
The Constitution is a symbol of the nation, representing the system of government, liberty, and freedom.
Three Main Parts:
Preamble: States the goals and purposes of the government.
Articles: Seven articles that describe the structure of the government.
Amendments: 27 additions and changes to the Constitution.
The Preamble
The Preamble explains why the Constitution was written.
It states that the power of government comes from the people:
"We the People of the United States…do ordain and establish this Constitution for the United States of America."
Six Purposes of the Government:
"To form a more perfect Union": To unite the states effectively as a single nation.
"To establish Justice": To create a system of fair laws and courts ensuring equal treatment for all citizens.
"To insure domestic Tranquility": To maintain peace and order, protecting citizens and property.
"To provide for the common defense": To be militarily prepared to protect the country from external attacks.
"To promote the general Welfare": To help people live healthy, happy, and prosperous lives.
"To secure the Blessings of Liberty to ourselves and our Posterity": To guarantee freedom and basic rights for current and future generations.
The Articles
The seven articles explain how the government works.
The first three articles outline the powers and responsibilities of each branch of government.
Article I: The Legislative Branch
Deals with the legislative branch (Congress), which is intended to take the leading role in government.
Establishes a Congress made of two houses: the Senate and the House of Representatives.
Congress has all lawmaking authority.
Describes how members of each house are chosen and rules for making laws.
A majority vote in both houses is required for a bill to become law.
Lists specific powers Congress has (e.g., collecting taxes, regulating trade, coining money, declaring war).
Lists powers Congress does not have (e.g., taxing exports, favoring one state over another).
Article II: The Executive Branch
Provides for an executive branch headed by a president and vice president.
Explains how these leaders are elected and removed from office.
Describes the president's powers and duties (e.g., commanding armed forces, dealing with foreign leaders, appointing government officials).
Article III: The Judicial Branch
The judicial branch interprets laws and ensures they are fairly applied.
Calls for "one Supreme Court" and lower courts as Congress deems appropriate.
Lists the powers of the federal courts and describes the types of cases they may hear (e.g., those involving the Constitution, federal laws, treaties, and disputes between states).
Articles IV-VII
Article IV: Focuses on the states, requiring them to respect each other's laws, court decisions, and records. It also explains the process for creating new states and ensures federal protection for the states.
Article V: Specifies how amendments are to be made, recognizing the need for modifications over time.
Article VI: Declares the Constitution as the "supreme Law of the Land," establishing federal law's precedence over conflicting state laws or court decisions.
Article VII: States that the Constitution would take effect once ratified by nine states.
Amending the Constitution
The Constitution has been amended 27 times since 1787.
The first 10 amendments are known as the Bill of Rights (added in 1791).
Amendments address various matters, including individual rights and improvements to the government's functioning.
The Sixteenth Amendment (1913) allowed Congress to collect an income tax.
The Amendment Process
The amendment process is deliberately difficult.
It requires overwhelming support to alter the Constitution due to its delicate balance.
Amendment safeguard freedoms.
Two Steps: Proposal and Ratification.
Proposal:
By congressional action: A two-thirds vote of both houses of Congress is required.
By a national convention: Requested by two-thirds of the state legislatures.
Ratification:
Three-fourths of the states must ratify the proposed amendment.
By a vote of either the state legislature or a special state convention.
The Twenty-first Amendment is the only one ratified by state conventions; all others were ratified by state legislatures.
Interpreting the Constitution
Changes to the Constitution also occur through interpretation.
The Framers wrote a general document, leaving many matters open to interpretation.
The Necessary and Proper Clause
Article I gives Congress the power "to make all Laws which shall be necessary and proper" to carry out its duties.
This is known as the necessary and proper clause, implying powers not explicitly listed in the Constitution.
Loose interpretation: Congress can make any laws the Constitution does not forbid.
Strict interpretation: Congress should only make laws mentioned in the Constitution.
Interpretation Through Court Decisions
The Supreme Court has the final authority on interpreting the Constitution.
Interpretations vary over time, influencing changes in the government.
Interpretation Through Congressional and Presidential Actions
Actions by Congress and the president lead to new interpretations.
The House of Representatives can impeach federal officials, while the Senate determines guilt or innocence.
Presidents interpret the Constitution by making agreements with other countries without congressional approval and requesting legislation from Congress.
In 1841, Vice President John Tyler assumed presidential powers after President William Henry Harrison's death, setting a precedent later formalized by the Twenty-fifth Amendment.
Interpretation Through Custom
The interpretation of the Constitution has changed through customs that have developed (e.g., political parties).
The government under the Constitution today differs from the one established in 1787.
The core structure and principles of the government (balance between three branches) will likely remain.
Section 4: Principles Underlying the Constitution
Main Idea: The Framers designed a government incorporating popular sovereignty, the rule of law, separation of powers, checks and balances, and federalism.
Key Terms: popular sovereignty, rule of law, separation of powers, checks and balances, expressed powers, reserved powers, concurrent powers
Reading Strategy: Summarizing the five principles in a graphic organizer.
Americans in Action: Benjamin Franklin emphasized that a republic requires active citizen participation.
Popular Sovereignty
The Framers wanted a government representative of the people and limited in scope, with power divided among different levels.
The Framers embraced five fundamental principles:
popular sovereignty,
the rule of law,
separation of powers,
checks and balances,
federalism.
Constitution guarantees “a Republican Form of Government.”
The word "republic" means any representative government headed by a president or similar leader rather than a king or queen who inherits the position.
In a traditional republic, supreme power belongs to the people, who express their will through elected representatives.
Popular Sovereignty: Power lies with the people.
The Declaration of Independence expresses strong support for popular sovereignty, saying that governments should draw their powers “from the consent of the governed.”
The Constitution echoes this idea in its opening statement that “We the People . . . establish this Constitution.”
The Constitution includes provisions ensuring the people's sovereignty, especially the right to vote.
Citizens elect representatives in Congress and choose the president and vice president through the Electoral College.
Elected officials are accountable to the people, with elections regularly scheduled.
Rule of Law
The Framers believed the government should be strong but limited.
The Constitution specifies what the federal government and the states may and may not do.
The government is limited by the rule of law.
Rule of Law definition: the law applies to everyone, even those who govern.
Separation of Powers
The Framers divided the government into three branches, each with different functions, to protect against abuse of power.
Influence of Baron de Montesquieu: belief that liberty is best protected by separating legislative, executive, and judicial functions among separate governmental branches.
Checks and Balances
The Constitution includes a system of checks and balances to prevent any one branch from becoming too powerful.
Each branch can check, or restrain, the power of the others.
Federalism
The federal system further limits government.
Federalism: power is shared by the national government and the states.
Each level of government (national and state) has independent authority over people at the same time.
Americans must obey both federal and state laws.
Dividing Power
The Constitution gives the national government certain exclusive powers.
Only the national government may coin money and make treaties with other nations.
Enumerated/Expressed Powers: Powers specifically granted to the national government.
Reserved Powers: Powers that the Constitution does not give to the national government are kept by the states like regulating trade within state borders, establishing schools, and making rules for marriage and divorce.
Concurrent Powers: Powers that both levels of government can exercise (e.g. collecting taxes, borrowing money, and setting up courts and prisons).
The Supremacy of the Constitution
The Framers included the supremacy clause in Article VI of the Constitution to address potential conflicts between state and national laws.
The Supremacy Clause definition: The Constitution and other laws and treaties made by the national government “shall be the supreme Law of the Land.”
Article VI declares that the Constitution and other federal laws are the "supreme Law of the Land."
The national government is not supposed to act in violation of the Constitution.
States may do nothing that goes against either the Constitution or federal law.
The Constitution is durable and adaptable, expressing a commitment to democracy, individual liberty, and equal justice under the law.
The Constitution's principles (popular sovereignty, rule of law, separation of powers, checks and balances, and federalism) ensure government restraint and power.
Gives chosen representatives enough power to defend freedom, keep order, and protect individual rights while setting limits.