Chapter 3

Six Basic Principles of the Constitution

• Principles– Popular Sovereignty– Limited Government– Separation of Powers– Checks and Balances– Judicial Review– Federalism

• Groups of Six– 3 index cards– Name of principle– Definition of principle– Example of prinicple

The US Constitution

• Seven Articles that tell the government what it can do.

• The Bill of Rights will tell government what it cannot do.

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7 articles of the Constitution

• Article 1: Legislative branch– the longest because of the desire of the

‘Founding Fathers’ to enforce republicanism and have only elected representatives run government

– details the ‘Great Compromise’, which established a bicameral legislature based on separate representation principles

– lists election principles from House & Senate– gives House the sole right to initiate bills

regarding revenue

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Powers of Congress

• to regulate customs, monetary and commercial affairs ‘with foreign Nations, and among the several States, and with the Indian tribes’

• to declare war and provide for national defense, including militia, navy

• to establish a postal system & post roads

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The ‘Elastic’ Clause

• [Congress shall have 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 in the Government of the United States, or in any Department or Officer thereof.– ‘Implied powers’, ‘necessary and proper’ clause

• Key provision, which has been the basis for the expansion of congressional powers since 1789

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Article 2: the Executive

• commander-in-chief• can request the ‘Opinion, in writing, of the principal

officer in each of the executive Departments’• grants pardons• sign treaties• appoints judges, cabinet members, ambassadors—

all upon the ‘Advice and Consent’ of the Senate• gives Congress ‘Information of the State of the

Union’

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Article 3: the Judiciary

• Creation of the Supreme Court and other ‘inferior Courts as the Congress may from time to time ordain and establish.’

• Automatic SC jurisdiction in cases involving states

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Article 4: the States

• Mutual recognition of state laws• equal privileges and immunities to all citizens• extradition from state to state• all states shall have republican government• states shall be protected from invasion and

offered assistance in times of domestic unrest

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Articles 5-7: Further provisions

• Article 5: Amendment• Article 6: the Constitution shall be ‘the

supreme Law of the Land; and the Judges [legislators and executives] in every State shall be bound thereby’– ‘no religious Test shall ever be required as a

Qualification to any Office or public Trust under the United States’

• Article 7: Ratification, 9/13 states

Paths to Amending the ConstitutionNote: Congress chooses which path is used. Path A: Used for 26 Amendments. Path B: Never used. Path C: Used for one amendment (21st). Path D: Never used

Amendments to the Constitution

Informal Ways to Change Constitution

• Congressional Legislation– Congress passes laws. Example – structure of the court system

• Executive Action– President acts without congressional approval. Example – executive

agreements are like treaties but do not need Senatorial approval• Courts

– Cases define law. Example – Marbury v Madison established judicial review• Party Practices

– Constitution does not structure how presidential candidates are nominated. Example – each party holds national conventions to nominate candidates

• Custom– Examples – The president’s cabinet and senatorial courtesy – when a federal

judicial appointment is not even considered until after a Senator from that state is consulted.