Chapter 3 Lecture Notes
Constitution of the United States
· Dates back to the eighteenth century
· Written in 1787 took effect in 1789
· Our Countries fundamental law
o Supreme Law of the land
I. Outline of the Constitution
a. Little more than 7,000 words
b. Can be read in ½ of an hour
c. Largest Strengths
i. Deals with matters of basic principles
ii. Lacks details
iii. It is simple and straight forward
d. Introduction
i. Called the Preamble
e. Body or Balance
i. Divided into seven numbered sections called ARTICLES
ii. First Three Articles
1. Deal with the Three Branches of the National Government
a. Congress
b. Presidency
c. Federal Court System
o Outline the basic organization and powers of each branch
o Methods by which the members of Congress, the President, and Vice President and Federal Judges are chosen.
iii. Article IV
1. Placement of states in the American Union
2. States relationship with the National Government and one another
iv. Article V
1. How Formal Amendments may be added to the document
v. Article VI
1. Declares that the Constitution is the nation’s supreme law
vi. Article VII
1. Provides for the ratification of the Constitution
II. Basic Principles
a. Constitution is built around six basic principles
i. Popular Sovereignty
1. All political power resides in the people, people are sovereign
a. Only source for any and all governmental power
b. Government can govern only with the consent of the governed
2. Preamble; “We the People of the United States... do ordain and establish this constitution for the United States of American”
ii. Limited Government
1. NO government is ALL powerful
2. Government can only do those things the people have given it the power to do.
3. Government Must obey the law
a. Often called “Constitutionalism”
i. Government must be conducted according to constitutional principles
b. Also referred to as “Rule of Law”
i. Government and its officers are always subject to NEVER ABOVE the law
4. First Amendment
a. “Congress shall make NO law”
iii. Separation of Powers
1. Parliamentary System
a. Legislative, executive, and judicial powers of government are all gathered in the hands of a single agency
i. British Government
2. Presidential System
a. Basic powers are distributed, separated among three distinct and independent branches of government
i. Known as SEPERATION OF POWERS
1. Constitution distributes the powers of the National Government among:
a. Congress, legislative Branch
b. President, Executive Branch
c. Courts, Judicial Branch
2. Separation of powers is set forth in the opening words of each of the first three Articles of the Constitution
a. Article I, Section 1 “All legislative Powers herein granted shall be vested in a Congress of the United States”
i. Congress is the Lawmaking branch of the National Government
b. Article II, Section 1 “Executive Power shall be vested in a President of the United States of American”
i. President is given law-executive, law-enforcing, law administering powers
c. Article III, Section 1 “Judicial Power of the United States be vested in one supreme court, and in inferior courts as the Congress may ordain or establish.
i. Interpret and apply the laws of the United States in cases brought before them.
iv. Checks and Balances
1. National Government is organized around three separate branches
a. Legislative
b. Executive
c. Judicial
§ Three branches are not entirely separated nor independent
§ Tied together by a complex system of CHECKS AND BALANCES
i. CHECKS AND BALANCES
1. Each branch is subject to a number of restraints by other branches
2. Congress has the power to MAKE LAW
a. President may VETO (reject) any act of congress
b. Congress can override a presidential by two-thirds vote in each house.
v. Judicial Review
1. Power of courts to determine whether what government does is in accord with what the Constitution provides
2. Or, power of a court to determine the constitutionality of a governmental action
a. Power to declare Unconstitutional (illegal, null and void.
3. Supreme Court established the Power of Judicial Review in the case of Marbury v. Madison in 1803
a. 150 cases have been found unconstitutional
b. Picture of Jesus in Bloomingdale
vi. Federalism
1. American Government is Federal in form
2. Federal Government holds some power others belong to the 50 states
3. Principles of Federalism is a division of power among a central government and several regional government
Section 2
· How has the constitution written in 1787 endured and kept up with change and growth
· The United States Constitution of today is, and at the same time is NOT the document of 1787
· Process of constitutional change of modification and growth has come in two basic ways
o Formal Amendment
o Informal means
I. Formal Amendment Process
a. Constitution provides for its own amendment
§ For changes in written words
b. Article V, sets out two methods for the proposal and two methods for the ratification of constitutional amendments
§ There are four possible methods of formal amendments (changes or additions that become part of the written language of the Constitution
i. FIRST METHOD: two thirds vote in each house of Congress and be ratified by three fourths of the State legislatures
1. Today 38 State legislatures must approve an amendment
2. 26 of 27 amendments were adopted in this manner
ii. SECOND METHOD: Amendment may be proposed by Congress and then ratified by conventions called for that purpose, in three fourths of the states
1. Only the 21st Amendment (1933)
iii. THIRD METHOD: Amendment may be proposed by a national convention, called by Congress at the request of 2/3 of the state legislatures
1. No convention has been called
iv. FOURTH METHOD: Amendment may be proposed by a national convention and ratified by conventions in three fourths of the states
II. The 27 Amendment
a. Bill of Rights
i. First ten amendments, added three years after it became effective
ii. Proposed by the first session of the First Congress 1789 ratified by the states in late 1791
iii. Known as the Bill of Rights
1. Guarantees of freedom of:
a. Belief and expression
b. Freedom and Security
c. Person
d. Fair and Equal treatment before the law
b. Later Amendments
i. 11th Amendment; declares that no state may be sued in the federal courts by a citizen of another state or by a citizen of any foreign state
ii. Know 12th, 13th, 18th, 22nd, and 26th Amendments
Section 3
I. Constitutional Change by other Means
a. Occurs in five basic ways
i. Passage of basic legislation by Congress
ii. Actions taken by the President
iii. Key Decisions of the Supreme Court
iv. Activities of Political Parties
v. Custom
b. Executive Action
i. Executive Agreement
ii. Treaty
c. Party Practices
i. Electoral College
d. Custom
i. Cabinet
ii. Senatorial Courtesy