Constitution
Basic Principles
• The Constitution of the United States was
written in 1787.
• It took effect in 1789.
• It contains about 7,000 words – not that
long – takes about one-half hour to read.
Basic Principles
• The Constitution is a working document –
which means it can be amended or changed
today.
• It gives us a framework for how our
government is organized.
• It also tells us who runs our government and
how they are chosen.
Basic Principles
• The Constitution is made up of three parts:
–The Preamble
–Articles (there are 7)
–Amendments (there are 27)
Basic Principles
• The Preamble discusses why the
Constitution was written.
• The reasons were (this should be review!!!):
– To establish a more perfect union, establish
justice, insure domestic tranquility, provide a
common defense, promote general welfare,
secure the blessings of liberty.
Basic Principles
• The Articles divides the Constitution up
into seven parts.
• Articles I through III discuss how the
legislative (Congress), executive
(President), and judicial branch (Courts) are
set up, and the “instructions” for each
branch.
Basic Principles
• Article IV discusses the states of America.
• How people from one state should be
treated in another.
• How the government can create more states
if needed, and that they will be protected
from invasion.
Basic Principles
• Article V talks about amendments – or
changes – to the Constitution.
• YES! The Constitution can be changed.
• YES! It has happened before – 27 times to
be exact.
Basic Principles
• Article VI lays the hammer down…
• This article makes it clear that the
Constitution is the “law of the land”.
• Every American citizen must abide by the
Constitution.
Basic Principles
• Article VII talk about how the Constitution
can be ratified – or approved – and accepted
into law.
• 9 of the 13 original states had to vote to
agree to the ideas and rules of the
Constitution.
Basic Principles
• The Constitution was established and built
on the ideas of six main principles.
• Popular Sovereignty, Limited Government,
Separation of Powers, Checks and Balances,
Judicial Review, and Federalism.
Basic Principles
• Popular Sovereignty:
• The power that the government has comes
from the people of the United States.
• We give our consent – or permission – to
the government to rule over us.
Basic Principles
• Limited Government:
• Government must also obey the laws of the
land.
• No one is above the law, not even
government officials like a President.
Basic Principles
• Separation of Powers:
• Constitution distributes power among three
branches.
• Legislative makes laws, executive makes
sure laws are being enforced, and judicial
makes sure laws are fair.
Basic Principles
• Checks and Balances:
• Each branch has restraints on their power,
and the restraints come from the other
branches.
• Examples are – Congress can make laws,
but President can veto – or reject – a law.
Basic Principles
• In turn, Congress can override a veto with a
2/3 majority vote from House of Reps. And
Senate.
• President in commander-in-chief of
military, but only Congress can declare war.
• President names Supreme Court judges, but
Congress must vote to approve them.
Basic Principles
• Congress can impeach – or vote to remove a
President from office.
• Judicial branch can declare laws
“unconstitutional” or say they are unfair.
• These checks and balances force the
government to compromise.
Basic Principles
• Judicial Review: Courts can determine
acts of government unlawful or illegal.
• Federalism: National government hold
certain power, and state governments hold
certain power.
• Dividing power this way prevents abuse.
YOUR TURN TO WRITE
• Into what three branches does the
Constitution separate powers of
government?
• Give a brief summary of the checks and
balances in place for each of the three
branches.
• Is judicial review important? Explain.
Formal Amendments
• The United States Constitution has been
around for 200 years – longer than any
other country’s constitution.
• In 1789 when it went into effect, there were
4 million Americans, and 13 states.
• People traveled by horseback and sailing
ships.
Formal Amendments
• Now there are over 300 million Americans
and 50 states.
• The U.S. is the most powerful country in
the world, and our standard of living is
envied by the rest of the planet.
• Like the country – the Constitution has
changed.
Formal Amendments
• There are two ways in which the
Constitution can change.
• 1. Formal Amendments.
• 2. Other informal means.
Formal Amendments
• Article V of the Constitution discusses
amendments and lists two ways
amendments can be proposed, and two ways
in which amendments can be ratified.
• The first method is that an amendment is
proposed by 2/3 vote in Congress (HR and
Senate), and ratified by 3/4 of the states.
Formal Amendments
• 26 of the 27 Amendments have been passed
through this process.
• The second method is that an amendment is
proposed by Congress and ratified by
conventions in 3/4 of the states.
• The 21st Amendment was passed this way.
Formal Amendments
• The third method is that an amendment is
proposed by a national convention called by
Congress at the request of 2/3 of the states,
and ratified by 3/4 of the states.
• The fourth method is that an amendment is
proposed by a national convention and
ratified by 3/4 of the states.
Formal Amendments
• Amendments show true examples of how
Popular Sovereignty and Federalism are
part of the Constitution.
• Popular Sovereignty is shown because
amendments are the will of the people.
• Federalism is shown because amendments
are proposed at a national level and ratified
at a state level.
Formal Amendments
• There have been over 15,000 proposed
amendments since 1789.
• Only 33 of these have made it through
Congress and have been passed to the
states.
• Only 27 of the 33 have been ratified by the
states.
Formal Amendments
• In 2006, the Flag Desecration Amendment
was defeated in the Senate.
• It would have banned the burning of the
U.S. flag.
• Tried to overturn a Supreme Court ruling in
1989 protected flag burning as freedom of
expression.
Formal Amendments
• The first 10 amendments are called the Bill
of Rights – they protect our freedom of
expression and give us fair and equal
treatment under the law.
• Most other amendments come from a
particular event or situation.
Formal Amendments
• The 11th Amendment prohibits states from
being sued by citizens of other states.
• Passed after a South Carolina man tried to
sue Georgia over a land dispute.
• The 13th Amendment banned slavery and
passed in 1865, after the Civil War.
Formal Amendments
• The 18th Amendment prohibited alcohol as
an “experiment” to improve the quality of
life in America.
• The experiment failed – it led to an
outbreak of organized crime.
• 14 years later, the 21st Amendment passed
repealing the 18th Amendment.
Formal Amendments
• The 22nd Amendment limited the number of
terms a president can serve to two (8 years).
• Republicans pushed for this amendment
after Franklin D. Roosevelt held the
presidency for 16 years (4 terms.)
Formal Amendments
• The 26th Amendment lowered the voting
age to 18.
• This passed in 1971 during the Vietnam
conflict.
• Young war protesters claimed “old enough
to fight, old enough to vote!”
YOUR TURN TO WRITE
• Which method of establishing an amendment has
been used the most?
• How do amendments show examples of Popular
Sovereignty and Federalism in the Constitution.
• Of the amendments you know of, which is the
most important, and why?
Changing Constitution Other
Ways
• Even though there have only been 17
amendments since the Bill of Rights,
doesn’t mean that other changes haven’t
taken place.
• The way that the Constitution is interpreted
has caused other changes.
Changing Constitution Other
Ways
• There are five ways that the Constitution
can be changed.
– 1. Laws passed by Congress.
– 2. Actions taken by the President.
– 3. Key decisions by the Supreme Court.
– 4. Activities of political parties.
– 5. Customs and usage.
Changing Constitution Other
Ways
• Laws passed by Congress:
• Constitution creates a framework or a
skeleton.
• Congress fills in the rest, or the flesh for the
skeleton.
Changing Constitution Other
Ways
• For instance, the Constitution talks about
what happens when the Presidency becomes
vacant.
• But, Constitution does not mention what
happens when Presidency and Vice
Presidency becomes vacant.
Changing Constitution Other
Ways
• Also, the Constitution gives Congress
power to regulate foreign and interstate
commerce.
• However, Constitution doesn’t indicate
what foreign and interstate commerce is.
• Congress has to “fill in the blanks” of the
Constitution – thus changes the document.
Changing Constitution Other
Ways
• Actions taken by the President:
• The Constitution mentions that the
President has “executive power” to make
decision.
• Past Presidents have used their executive
power to change the Constitution.
Changing Constitution Other
Ways
• For example, only Congress can declare
war, but Presidents have used military
without Congressional approval.
• Congress ratifies treaties, but Presidents can
make “executive agreements” with heads of
countries.
Changing Constitution Other
Ways
• Key decisions of the Supreme Court:
• The Supreme Court has made countless
rulings and decisions that “interpret” the
Constitution and thus created policy.
• Constitution doesn’t mention judicial
review, yet it is a common practice of the
Supreme Court.
Changing Constitution Other
Ways
• Activities of political parties:
• Today, political parties define government
actions, however they are never mentioned
in the Constitution.
• Parties hold conventions to nominate
Presidential candidates – never mentioned
in Constitution.
Changing Constitution Other
Ways
• The President chooses about 15 people to
serve in his Cabinet – or advisors.
• His selections are usually based on political
parties.
• The Cabinet is never mentioned in the
Constitution.
Changing Constitution Other
Ways
• Customs and usage:
• The Presidential Cabinet can also be
defined as a custom and tradition.
• George Washington stepped down from
presidency after two terms.
Changing Constitution Other
Ways
• This became a tradition for future
presidents.
• However, it wasn’t until the 22nd
Amendment that made two terms a rule.
• Vice President becoming President also not
completely mentioned in Constitution until
the 25th Amendment.
YOUR TURN TO WRITE
• Besides the formal amendment process,
how else can the Constitution change
government policy?
• What do we mean when we say that the
Supreme Court interprets the Constitution?
Federalism: A Power Divided
• The writers of the Constitution faced
difficult questions.
• On one hand they knew that the American
Revolution was fought against an
overpowering central government.
Federalism: A Power Divided
• On the other hand, they knew that the
Articles of Confederation which gave local
states too much power was too weak.
• The writers knew that they had to balance
the powers of government some way.
• This led them to the idea of Federalism.
Federalism: A Power Divided
• The Constitution divides power between the
national government, and the state
governments.
• Each level of government has its own laws
and regulations.
• For example, the national government can
regulate and tax interstate trade.
Federalism: A Power Divided
• However, the states determine their own
laws when it comes to the death penalty.
• In 48 states gas stations are self-service, but
in New Jersey and Oregon motorists cannot
pump their own gas.
• Oregon and Washington have legal
physician assisted suicide laws.
Federalism: A Power Divided
• Many times the national government looks
at the state governments as “experimental
places”.
• If a state passes a certain law, and it works –
it may become a national law later.
• If there is a natural disaster, the national
government helps the states.
Federalism: A Power Divided
• The Constitution gives three distinct types
of power to the National Government.
• Those powers are expressed, implied and
inherent.
• Expressed power means powers that are
listed in the Constitution word for word.
Federalism: A Power Divided
• Examples of expressed powers of the
National Government are: tax, create
money, declare war.
• Implied powers are not mentioned word for
word, but are suggested.
• Article I, Section 8 called the “Elastic
Clause” discusses this in the Constitution.
Federalism: A Power Divided
• “Congress has the power to make all Laws
which shall be necessary and proper for
carrying into execution the foregoing
powers and all other powers vested by this
Constitution…”
• The “Elastic Clause” gives Congress the
power to adapt their power to different
situations.
Federalism: A Power Divided
• The Inherent Powers are powers given to
the National Government because it is the
National Government.
• They are powers that are not listed in the
Constitution, but all National Governments
in the world have.
Federalism: A Power Divided
• Examples of inherent powers are the power
to deport aliens, and regulate immigration.
• The Constitution also gives reserved powers
to the States.
• Reserved power are those powers that the
Constitution does not give to the National
Government.
Federalism: A Power Divided
• The reserved powers of states are large in
number.
• States can create public schools, ban the
sale of pornography, forbid persons under
18 from getting married, require licenses for
hairdressers, lawyers, and plumbers.
Federalism: A Power Divided
• In case there arose an argument over who –
the National or the State Government – has
the power for a certain situation the writers
of the Constitution created the Supremacy
Clause.
• Article VI, Section 2 says the Constitution
takes precedence over all forms of state law.
YOUR TURN TO WRITE
• What are the three types of power given to
the National Government by the
Constitution?
• Why is the Elastic Clause important?
• Why is the Supremacy Clause important?
National and State Relations
• The writers of the Constitution meant what
they said in the “United States of America.”
• They wanted to make sure that the states
kept the “union” between them.
• Because of this, the Constitution guarantees
certain rights to the states from the National
Government.
National and State Relations
• The National Government has promised to
practice a Republican Government.
• A republican government is another term
for a representative government.
• This has been enforced in the past – most
notably directly after the Civil War.
National and State Relations
• Senators and Representatives from the
southern states were not allowed to do their
jobs in Washington until the 13th, 14th and
15th Amendments were honored in their
states.
• The states are also promised protection
from the National Government.
National and State Relations
• An attack on one state is considered an
attack on all states.
• If states are having a hard time keeping
order or a riot or other form of domestic
violence is going on – National Government
will help restore order.
National and State Relations
• We have seen evidence of this during the
1960’s during the Civil Rights protests and
riots throughout the country.
• We have also seen evidence of this in New
Orleans in 2005 after Hurricane Katrina.
National and State Relations
• The National Government must also respect
the territory and boundaries of the states.
• They must also recognize the legal
existence of the states and allow Senators
and Representatives to serve in Congress.
National and State Relations
• Only Congress can admit a new state into
the Union.
• A new state cannot be created by using
territory that already belongs to a state
without that state’s permission.
• States can request to become part of the
United States – called the Enabling Act.
National and State Relations
• They must submit a state constitution for
Congress to review.
• Congress decides if it is good enough –
Utah in 1896 had to outlaw polygamy.
• If acceptable, Congress votes and states can
be created after President signs the bill.
National and State Relations
• The National Government also gives the
states money as aid.
• There are categorical grants which are
grants for specific reasons.
• Examples include money to build a school,
or money to build roads.
National and State Relations
• There are also block grants which is money
given for a general reason – not specific.
• Examples include money for healthcare, or
education, and states decide what to do with
the money.
• There are also project grants which is
money given for projects.
National and State Relations
• Examples include money given for studies,
or research, or science.
YOUR TURN TO WRITE
• Imagine you are teaching a 3rd grade class
and you have to explain to your students
how the National Government interacts with
the State Governments. Write down what
would say to them.
• Explain the process that must occur for a
new state to be added to the Union.