Transcript power point for unit 1

Presentation Pro
Magruder’s
American Government
CHAPTER 3
The Constitution
© 2001 by Prentice Hall, Inc.
CHAPTER 3
The Constitution
SECTION 1 The Six Basic Principles
SECTION 2 Formal Amendment
SECTION 3 Informal Amendment
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Chapter 3
SECTION 1
The Six Basic Principles
• What are the important elements of
the Constitution?
• What are the six basic principles of
the Constitution?
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Chapter 3, Section 1
Original US Constitution
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An Outline of the Constitution
• The Constitution sets out the basic
principles upon which government in
the United States was built.
• The Constitution is a fairly brief
document.
• The Constitution is organized into
eight sections: the Preamble and
seven articles. The original document
is followed by 27 amendments.
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Chapter 3, Section 1
Articles of the Constitution
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Preamble – States the purpose of the Constitution, the purpose
of gov’t
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Article 1 – Creation and structure of Legislative Branch
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Article 5 – Amendment process
Article 2 – Creation and structure of Executive Branch
Article 3 – Creation and structure of Judicial Branch
Article 4 – Relations between the states and the states to
national gov’t
Article 6 – National debts, supremacy clause, oaths of office
Article 7 – Ratifying the Constitution
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6 Basic Principles
• Popular Sovereignty
• The people are the only source for any and all
governmental power.
• Exercise sovereignty through voting
• Limited Government
• Government is not all powerful.
• Government may do only those things that the people have
given them the power to do.
• Government must obey the laws
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Chapter 3, Section 1
5 Basic Principles cont.
• Separation of powers
• Ensures the limited power of the government
• Creates three branches of government,
Legislative, Executive, Judicial
• No branch has more power than the other
two
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More of the Basic Principles
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Checks and
balances
The system that
creates overlapping
power and
responsibilities.
If any branch gets to
powerful, the other
two have Veto power.
Keep each other in
check to keep a
balanced government
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Chapter 3, Section 1
More basic principles
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Judicial review
The power of a court to determine the constitutionality of a
governmental action.
Federalism
A system of government in which the powers of government are divided
between a central government and several local governments.
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Section 1 Review
1. Article II of the Constitution establishes the powers of the
(a) executive branch.
(b) legislative branch.
(c) States.
(d) judicial branch.
2. The principle of popular sovereignty asserts that the
(a) government should be divided into three branches.
(b) monarch is the supreme ruler.
(c) means of production should be owned by the proletariat.
(d) people are the source of any and all government power.
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Chapter 3, Section 1
Section 1 Review
1. Article II of the Constitution establishes the powers of the
(a) executive branch.
(b) legislative branch.
(c) States.
(d) judicial branch.
2. The principle of popular sovereignty asserts that the
(a) government should be divided into three branches.
(b) monarch is the supreme ruler.
(c) means of production should be owned by the proletariat.
(d) people are the source of any and all government power.
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Chapter 3, Section 1
Cool Down
•List the six basic
principles of the US
Constitution. Explain
which one you feel is
the most important.
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SECTION 2
Formal Amendment
• What are the different ways to formally
amend, or change the wording of, the
Constitution?
• How many times has the Constitution been
amended?
• What is the Bill of Rights?
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Chapter 3, Section 2
A Living Document
• US Constitution is the oldest national
constitution in the world.
• Today’s Constitution is not the same
document that was written in 1787.
• Things have been modified, deleted
and added to the document
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Amending the Constitution
• The Constitution provides for its own
amendments, changes in its written
words.
• Article V sets out two methods for the
proposal and two methods for the
ratification of constitutional amendments
• Creating four possible methods of formal
amendment.
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Chapter 3, Section 2
First Method
• Federal Level, Proposed and voted in
favor of in two-thirds in each house of
congress
• State Level, Ratified by three-fourths of
the states legislatures
• 26 of 27 amendments were adopted
this way
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Second Method
• Federal Level, Proposed and voted in
favor of in two-thirds in each house of
congress
• State Level, ratified by conventions
(political meeting) in three-fourths of the
states.
• Only the 21st amendment was adopted
this way.
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Third Method
• Federal, Proposed by a national
convention approved by two-thirds of
congress
• State, Must be ratified by three-fourths
of the state legislatures
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Fourth Method
• Federal, Proposed by a national
convention approved by two-thirds of
congress
• State, ratified by conventions in threefourths of the states.
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Formal Amendment Process
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The four different ways by which amendments may be added to the
Constitution are shown here:
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Chapter 3, Section 2
Amendments to the Constitution
Collectively, the first ten amendments are known as the Bill of
Rights. They set out many of our basic freedoms.
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Chapter 3, Section 2
Section 2 Review
1. A formal amendment
(a) changes the Constitution by passing laws.
(b) changes the written language of the Constitution itself.
(c) allows States to secede from the United States.
(d) none of the above.
2. Many of the basic rights of citizens are constitutionally guaranteed in
(a) English common law.
(b) the Declaration of Independence.
(c) the Magna Carta.
(d) the Bill of Rights.
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Chapter 3, Section 2
Section 2 Review
1. A formal amendment
(a) changes the Constitution by passing laws.
(b) changes the written language of the Constitution itself.
(c) allows States to secede from the United States.
(d) none of the above.
2. Many of the basic rights of citizens are constitutionally guaranteed in
(a) English common law.
(b) the Declaration of Independence.
(c) the Magna Carta.
(d) the Bill of Rights.
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Chapter 3, Section 2
Cool Down
• Explain why there are four methods
by which an amendment can be
created.
• Why are the 13th, 14th, and 15th
amendments known as the Civil
Rights amendments?
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SECTION 3
Informal Amendment
• How has basic legislation changed the
Constitution over time?
• What powers do the executive branch and the
courts have to amend the Constitution?
• What role do party politics and custom have in
shaping the Federal Government?
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Chapter 3, Section 3
Informal Amendment Processes
Informal amendment is the process by which over
time many changes have been made in the
Constitution which have not involved any changes in
its written word.
The informal amendment process can take place by:
(1) the passage of basic legislation by Congress;
(2) actions taken by the President;
(3) key decisions of the Supreme Court;
(4) the activities of political parties; and
(5) custom.
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Chapter 3, Section 3
Basic Legislation
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Passing certain laws can change the meaning of the
constitution.
4th amendment “the right of the people to be secure in their
persons, houses, papers and effects against unreasonable
searches and seizures, shall not be violated…
Patriot Act
The Act increases the ability of law enforcement agencies
to search telephone, e-mail communications, medical,
financial, and other records, without Warrant, if suspected
of terrorism.
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Executive Action
• Presidents use of powers can change the meaning
of the Constitution
• Constitution states that only Congress can declare
war.
• The president is the commander in chief of the
nations armed forces.
• Presidents have used the military in combat
without a declaration of war several hundred times
in American history.
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Court Decisions
• US supreme court interprets the Constitution in
many cases they hear.
• 9th amendment – the people have more civil rights
other than those mentioned in the constitution
• Roe v. Wade
• Abortion is not mentioned in the US Constitution.
Court decided according to the 9th amendment
abortion is a woman's constitutional right.
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Political Party Practices
• The Constitution does not mention political parties,
many framers were against political parties.
• Only three requirements for President
• 35 years old, natural born US citizen, lived in US
for 14 consecutive years.
• Political parties hold their process for nominating a
presidential candidate.
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Custom
• Executive Branch, President, VP and Cabinet
made up of 15 heads of executive department.
• Prior to 1967, 25th amendment, it was custom that
saw a VP take over for a president that died in
office.
• Prior to 1951, 22nd amendment, it was only custom
that President not serve more than two terms
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COOL DOWN
Explain the difference
between a formal
amendment and an
informal amendment?
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Chapter 3, Section 3