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Chapter 3 The Constitution Sections 3 and 4 Separation of Powers, Checks and Balances, and Amending the Constitution Maintaining a Republic A republic offers opportunities for abusing political power. Constitutional controls are needed to restrict those opportunities. The U.S. Constitution provides two main safeguards against tyranny: • Separation of powers • Checks and balances “Ambition must be made to counteract ambition.” (James Madison, The Federalist No. 51) © EMC Publishing, LLC Separation of Powers and Checks and Balances © EMC Publishing, LLC Separation of Powers Articles I, II, and III of the Constitution establish three separate branches of government: legislative, executive, and judicial. Separation of Powers- Division of the legislative, executive, and judicial powers among different persons. No branch can act entirely independently, yet none can be entirely dependent on the others. Creating this interrelationship between branches is a unique way of preventing tyranny. Parliamentary system involves a fusion of powers. Separation of Powers Violation Examples The prime minister is a member of the legislature. The prime minister can call an election when the timing benefits his or her party. Parliament can force the prime minister out of office by a vote of no confidence. © EMC Publishing, LLC Checks and Balances Fusion of Powers • Combining all components of governmental powers into one branch. • Example: A federal judge is elected to Congress. “Republican Remedy” • James Madison’s idea to allow the government to govern itself. Legislative check- impeaching an official Executive check- pardoning Judicial check- declaring a law unconstitutional Articles Article I • Sets up the bicameral legislature and gives the president the right to veto. Article II • Gives the president the power to recommend and carry out laws. Also: appointing ambassadors, addressing Congress, and making treaties. President is the commander in chief, however, only Congress can declare war. Article III • Establishes a Supreme Court. Similar to the French Constitution but different in that: • French guarantee right to representative government. • French outlaw racial and religious discrimination. • French specify a national language. Your Turn What is the difference between the principle of separation of powers and the principle of checks and balances? In your answer, include an example of how our Constitution uses each principle. © EMC Publishing, LLC Amending and Interpreting the Constitution Formal Amendment Passing amendments is the only way to change the Constitution officially. Amending the Constitution through legislation allows the government to carry out its constitutional duties. The founders intentionally made it difficult to amend the Constitution. Amendments are arranged in the order adopted. Interpretation Through laws, executive orders (agreements), court decisions, and custom, the government can change the way we interpret the Constitution. Final interpretations are done by the Supreme Court. Formal Amendments 10,000 amendments have been proposed. Of those, only 27 have been enacted. The amendments we have passed serve four general purposes: • To increase equality • To guarantee rights • To improve government functioning • To make policies According to some political observers, the threat of easy amendment processes is a regulation which was once useful becomes a burden over time. Three-fourths vote to pass an Amendment. Amendments to the Constitution Categories Amendment Numbers Years Ratified Bill of Rights I–X 1791 Pre–Civil War XI–XII 1795–1804 Civil War– Reconstruction XIII–XV 1865–1870 Twentieth Century XVI–XXVII © EMC Publishing, LLC 1913–1992 Process for Amending the Constitution © EMC Publishing, LLC Your Turn Turn to Figure 3.4, on page 92, in your textbook. Choose the six amendments that you think are the most important additions to the U.S. Constitution, and rank them in order of importance (with 1 being most important). Briefly explain your choices. © EMC Publishing, LLC