Chapter 3 Section 1 Notes

Basic Principles
Essential Question (essay)How has the Constitution
lasted through changing ties!
"n #utline o$ 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; it doesnt have
excessive provisions (a clause in a document an agreement.
The Constitution is organi!ed into eight sections" the #reamble and
seven articles. The original document is followed by $%
amendments.
"rticles o$ the Constitution
#reamble&States the purpose of the Constitution
'rticle (&)egislative *ranch
'rticle ((&+xecutive *ranch
'rticle (((&,udicial *ranch
'rticle (-&.elations among the States and with the /ational
0overnment
'rticle -&'mending the Constitution
'rticle -(&/ational debts1 supremacy of national law1 and oaths of
o2ce
'rticle -((&.atifying the Constitution
%hree o$ the Basic Principles
The principle of popular so&ereignty asserts that the people are the
only source of any and all government power1 and government can
exist only with the consent of the governed.
The principle of liited go&ernent states that government is
restricted in what it may do1 and each individual has rights that
government cannot ta3e away.
Constitutionalism&government must be conducted based on
Constitutional principals
.ule of )aw&government and its o2cials are never above the
law
Separation o$ powers is the principle in which the executive1
legislative1 and 4udicial branches of government are three
independent and coe5ual branches of government.
'ore Basic Principles
Chec(s and )alances is the system that allows the legislative1
executive1 and 4udicial branches to chec31 or restrain1 the actions of
one another.
*eto&the #resident has the power to re4ect laws submitted by
Congress1 but Congress can override the veto with a $67 vote in
both houses.
' presidential nominee to the Supreme Court must have Senate
approval; the Supreme Court can declare a law unconstitutional.
Unconstitutional is declaring a law illegal1 null and void of all
governmental action. Congress has the right to1 and has1
impeached a #resident&'ndrew ,ohnson 89:9 and *ill Clinton
8;;9&but they were ac5uitted by the Senate.
The principle of +udicial re&iew consists of the power of a court to
determine the constitutionality of a governmental action. The 4udicial
branch set its power in the court case; Marbury vs. Madison1 in this
case"
<e=nition" >irst decision by the Supreme Court to declare a law
unconstitutional (89?7.
Summary"
't the very end (last night of his term1 #resident ,ohn
'dams had made many federal appointments1
including @illiam Aarbury as 4ustice of the peace in
the <istrict of Columbia.
Thomas ,eBerson1 the new president1 refused to
recogni!e the appointment of Aarbury.
The normal practice of ma3ing such appointments
was to deliver a Ccommission1C or notice1 of
appointment. This was normally done by the
Secretary of State. ,eBersonDs Secretary of State at
the time was ,ames Aadison.
't the direction of ,eBerson1 Aadison refused to
deliver AarburyDs commission. Aarbury sued
Aadison1 and the Supreme Court too3 the case.
Chief ,ustice ,ohn Aarshall wrote that the ,udiciary
'ct of 8%9;1 which spelled out the practice of
delivering such commissions for 4udges and 4ustices
of the peace1 was unconstitutional because it gave
the Supreme Court authority that was denied it by
'rticle ((( of the Constitution. So1 the Supreme Court
said1 the ,udiciary 'ct of 8%9; was illegal and not to
be followed.
This was the =rst time the Supreme Court struc3
down a law because it was unconstitutional. (t was
the beginning of the practice of C4udicial review.C
The Supreme Court has struc3 down several
legislative and executive actions as well as state
mandates.
,ederalis is a system of government in which the powers of
government are divided between a central government and several
local governments. >ederalism is a 3ey component of the
Constitutions web of protections for individual freedom.
Chapter 3 Section - Notes
,oral "endent
"ending the Constitution
The Constitution provides for its own aendent&that is1 for changes in
its written words. 'rticle - (E sets out two methods for proposal and two
methods for the rati=cation of amendments.
'rticle - sets out two methods for the proposal and two methods for the
rati=cation of constitutional amendments1 creating four possible methods of
$oral aendent.
,oral "endent Process
The four diBerent ways by which amendments may be added to the
Constitution are shown here"
Aethod 8 has been used for all but one of the $% amendments. The $8
st

'mendment was rati=ed using method $.
Aethod 8&Congress #roposes $67 vote both houses& F State )egislature
.ati=es
Aethod $&Congress #roposes $67 vote both house& F State Convention
.ati=es
Aethod 7&/ational Convention (called by congress at the re5uest of $67 of
the State )egislatures #roposes&76G State )egislature .ati=es
Aethod G&/ational Convention (called by congress at the re5uest of $67 of
the State )egislatures #roposes&76G State Convention .ati=es (basically
how the Constitution was adopted
The amendment process focuses on the federal character of the governmental
system.
"endents to the Constitution
Collectively1 the =rst ten amendments are 3nown as the Bill o$ .ights.
They set out many of our basic freedoms.
%he Bill o$ .ights/
"endent 0
>reedoms1 #etitions1 'ssembly&Congress shall ma3e no law
respecting an establishment of religion1 or prohibiting the free
exercise thereof; or abridging the freedom of speech1 or of the press1
or the right of the people peaceably to assemble1 and to petition the
0overnment for a redress of grievances.
"endent 00
.ight to bear arms&' wellHregulated Ailitia1 being necessary to the
security of a free State1 the right of the people to 3eep and bear
'rms1 shall not be infringed.
"endent 000
Iuartering of soldiers&/o Soldier shall1 in time of peace be 5uartered
in any house1 without the consent of the Jwner1 nor in time of war1
but in a manner to be prescribed by law.
"endent 0*
Search and arrest&The right of the people to be secure in their
persons1 houses1 papers1 and eBects1 against unreasonable searches
and sei!ures1 shall not be violated1 and no @arrants shall issue1 but
upon probable cause1 supported by Jath or a2rmation1 and
particularly describing the place to be searched1 and the persons or
things to be sei!ed.
"endent *
.ights in criminal cases&/o person shall be held to answer for a
capital1 or otherwise infamous crime1 unless on a presentment or
indictment of a 0rand ,ury1 except in cases arising in the land or naval
forces1 or in the Ailitia1 when in actual service in time of @ar or public
danger; nor shall any person be sub4ect for the same oBence to be
twice put in 4eopardy of life or limb1 nor shall be compelled in any
criminal case to be a witness against himself1 nor be deprived of life1
liberty1 or property1 without due process of law; nor shall private
property be ta3en for public use1 without 4ust compensation.
"endent *0
.ight to a fair trial&(n all criminal prosecutions1 the accused shall
en4oy the right to a speedy and public trial1 by an impartial 4ury of the
State and district wherein the crime shall have been committed;
which district shall have been previously ascertained by law1 and to
be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor1 and to have the
assistance of counsel for his defense.
"endent *00
.ights in civil cases&(n Suits at common law1 where the value in
controversy shall exceed twenty dollars1 the right of trial by 4ury shall
be preserved1 and no fact tried by a 4ury shall be otherwise reH
examined in any Court of the United States1 than according to the
rules of the common law.
"endent *000
*ail1 =nes1 punishment&+xcessive bail shall not be re5uired1 nor
excessive =nes imposed1 nor cruel and unusual punishments inKicted.
"endent 01
.ights retained by the #eople&The enumeration in the Constitution of
certain rights shall not be construed to deny or disparage others
retained by the people.
"endent 1
StatesD rights&The powers not delegated to the United States by the
Constitution1 nor prohibited by it to the States1 are reserved to the
States respectively1 or to the people.
' chart of the $% amendments follows"
There are several amendments that have been proposed but have not been
rati=ed.
Chapter 3 Section 3 Notes
Change )y #ther 'eans
There are many interpretations to the Constitution that do not involve any
changes to its written words. There are several ways to informally amend the
Constitution.
8. #assage of basic legislation by Congress
$. 'ctions ta3en by the #resident
7. Ley decisions by the Supreme Court
G. 'ctivities of political parties
E. Custom and Usage
Basic 2egislation
Congress passes laws to clarify the Constitutions provisions; it is described
as adding Kesh to the bones of the Constitution. Congress has added laws to help
explain what some of the Constitutions powers to Congress mean.
E3ecuti&e "ction
#residential actions have produced a number of important informal
amendments1 such as the use of the military under the power of
commander in chief.
'n e3ecuti&e agreeent is a pact made by the #resident directly with
the head of a foreign state.
' treaty1 a formal agreement between two or more sovereign nations1 is
only allowed with the approval of the Senate.
+xecutive power has been expanded over the years to include more and
more power for the #resident
Court 4ecisions
The nations courts1 most importantly the United States Supreme Court1
interpret and apply the Constitution in many cases they hear.
Party Practices
#olitical parties are not mentioned in the Constitution and were described
as having a divisive(dividing eBect on the country
#olitical #arties hold national conventions and they are not mentioned1 they
have over time converted the +lectoral College
Custo and 5sage
' custom is something that has been done for years and years and others
continue the practice. 0eorge @ashington created the =rst cabinet1
presidential advisory body. The original cabinet has expanded from G to 8E.
Current Ca)inet/
Secretary of State ,ohn Lerry
Secretary of the Treasury ,acob )ew
Secretary of <efense Chuc3 Magel
'ttorney 0eneral +ric Molder (resigned
;6$E6$?8G
Secretary of the (nterior Sally ,ewell
Secretary of 'griculture Tom ,. -ilsac3
Secretary of Commerce #enny #rit!3er
Secretary of )abor Thomas +. #ere!
Secretary of Mealth and Muman Services Sylvia Aathews *urwell
Secretary of Mousing and Urban
<evelopment
,uliNn Castro
Secretary of Transportation 'nthony >oxx
Secretary of +nergy +rnest Aoni!
Secretary of +ducation 'rne <uncan
Secretary of -eterans 'Bairs .obert Ac<onald
Secretary of Momeland Security ,eh ,ohnson
Senatorial Courtesy is a practice where senators will not con=rm nominees to
o2cial positions without the approval of the senators from the home state of the
nominee. This practice is not o2cial or codi=ed1 but it is generally accepted in
Senate practice and has been since 8%9;.
The no third term tradition started by 0eorge @ashington was continued until
>ran3lin < .oosevelt was elected for four terms. 'fter this the $$
nd
'mendment
was passed to limit presidential terms to twoHfour year terms.