Chapter 3- The U.S.

Constitution
I. Basic Principles
A. Popular Sovereignty 1. Framers wanted a nat'l govt to a. Serve the people b. Prevents the concentration & abuses of power c. Respects the rights of states 2. Govt. authority comes from the people B. Limited Govt 1. Constitution limits govt. by setting guidelines for how govt. may act. C. Separation of Powers 1. Article 1- responsibilities of Legislative Branch a. Many of Congress' powers are implied b. House of Representatives & Senate share responsibilities for passing laws c. Only Senate can approve presidential appointments & treaties w/foreign countries 2. Article 2 - duties of the Executive Branch 3. Article 3 - role of the Judicial Branch D. Checks & Balances 1. Constitution gives each branch power to check the powers of the other branches 2. Executive & Legislative Checks a. Veto = official rejection b. Congress may override a veto with 2/3 vote in the House & Senate

c. Only Congress can approve spending ('Power of the Purse') d. Treaties must be approved by a 2/3 majority in the Senate e. President must consider Congress when proposing legislation, making appointments, & negotiating treaties 3. Judicial Review = power to decide if laws & other govt. actions violate the US Constitution a. Not specifically mentioned in the Constitution b. Unconstitutional = law or govt. action that violates any part of the Constitution c. Section II of Article III implies that the courts have the power d. Marbury v. Madison in 1803 E. Federalism 1. Constitution protects states' rights, but saw need for national govt. to maintain order a. States cannot do certain things 1) Negotiate treaties 2) Minting money 3) Keeping troops or warships during peacetime 4) Engaging in war b. Supremacy Clause = The Constitution- together with US laws passed under the Constitution & treaties made by the national govt. - is the supreme law of the land

II. Amending the Constitution

A. Amendments = changes made to the Constitution 1. All amendments must proposed & ratified

B. Methods for Amending the Constitution 1. Proposing Amendments a. Vote in Congress 1) All amendments have been proposed by Congress 2) At least 2/3 of the House & Senate must approve an amendment before it can be sent to states for ratification b. National Convention - called by Congress at request of at least 2/3 of state legislatures 2. Ratifying Amendments a. Vote in state legislatures 1) Legislatures in at least of the states must approve an amendment before it becomes part of the Constitution b. Special conventions in at least of the states 1) Repeal = legislative reversal 2) 21st amendment was ratified this way 3) Repealed prohibition C. The 27 Amendments 1. Protecting Individual Freedoms a. Bill of Rights = 1st ten amendments 1) 1st amendment protects freedom of speech, religion, assembly, & press 2) 9th says that people have additional rights not specifically mentioned in the Constitution 3) 10th says that states & people have powers not specifically given to national govt.

2. Expanding Voting & Other Rights a. Times of social & political change b. 13th, 14th, & 15th - adopted after Civil War 1) African Americans - free, citizenship, vote c. 17th - popular election of senators d. 19th - female vote 3. Extending Govt. Powers a. 16th - national income tax b. 18th - prohibition = Production, sale & transportation of alcoholic beverages were outlawed (later repealed)

III. A Flexible Document

A. Govt. Actions 1. Court Decisions a. Wording can be vague b. Marbury v. Madison c. 4th - forbids unreasonable searches & seizures 2. Congressional Legislation a. Congress also interprets vague wording in Constitution b. Laws have been passed concerning labor 3. Executive Actions a. Executive agreements = arrangements that presidents make with foreign govts that do not require Senate approval

B. Political Parties 1. Political Party = an organized group that seeks to win elections and influence the activities of govt 2. Not mentioned in the Constitution C. Custom & Tradition 1. Informal & long-established ways of doing things 2. Cabinet = group of executive dept. heads who act as advisors to thePresident a. George Washington had the 1st cabinet 3. 22nd amendment a. Limits presidents to two terms of service b. Formalized custom started by Washington

IV. The Constitution & the Public Good

A. Preventing Control by Factions 1. Factions = groups of people motivated by self-interest 2. James Madison was concerned about factions a. Believed that the Constitution prevented factions in two ways 3. Size a. US was large and diverse b. Constitution gives everyone an equal voice 4. Checks & Balances a. If one branch were to be controlled by a particular faction, the other branches would keep it in check 5. Madison said that the Constitution formed a republic in which it is likelythat govt will serve the broader interests of society or public good

B. Effective Govt 1. Gridlock = Govt business comes to a standstill as political opponents block each other's efforts 2. Avoiding Responsibility a. Some say the Constitution makes it too easy for leaders to avoid responsibility for failed policies