Chapter 3: The Constitution

2. Chapter 3: The Constitution Section-1 A Blueprint for Government Overture Section-2An Enduring Document Section-3Applying the Constitution

3. Section 1 at a Glance A Blueprint for Government • The Constitution establishes six goals for the U.S. government to meet. • The Constitution outlines six basic principles of U.S. government and a system that safely and fairly distributes and balances power. • Under the Constitution, the powers of government are limited in order to protect individual rights. • The Constitution divides the powers of government among three separate branches: legislative, executive, and judicial. • The Constitution includes checks on and balances of government power to prevent any one branch of government from overpowering the others.

4. A Blueprint for Government Main Idea Drawing lessons from history, the Framers wrote a constitution that divided, limited, and balanced power among three branches of government. Reading Focus • What are the six goals of the Constitution? • What are the six principles of government in the Constitution? • What is popular sovereignty? • What is limited government?

5. A Blueprint for Government Reading Focus {continued} • How does the Constitution create a separation of the powers of government? • How does the system of checks and balances limit the powers of government? • Why is the principle of judicial review so powerful? • Why is the principle of federation still a topic of debate?

6. Checks and Balances

7. Goals of the Constitution The Framers stated six goals in the Preamble form a more perfect union; establish justice;ensure domestic tranquility; provide for the common defense; promote the general welfare; and secure the blessings of liberty Concerns • Some Framers with strong reservations • Some completely opposed • Worried about strong national government Government tasks • Raise an army • Pay its bills • Conduct relations with foreign countries

9. Governing after a Revolution The Framers were concerned with government suppressing the liberty of its citizens. Examples • Greek city-states • Roman Empire • European monarchies • Constitution of the Iroquois League • Decisions with long-lasting consequences—no repeat of past mistakes British legacy • Framers fought American Revolution to stop British government from infringing on natural rights • Were students of political philosophy and history • Achievements and failures of past governments well-known

10. Addressing the Problem of Governing Dilemma of democratic government • Allowing people substantial freedom • Controlling worst aspects of human behavior • Author of Federalist Paper No. 51 describes dilemma • System of law essential Government obliged “to control itself” • Locke, “where there is no law, there is no freedom” • Laws help maintain order, protect rights, property, and lives • Laws must be enforceable, with explicit threat of punishment • Power to make laws and punish lawbreakers • Must keep government in check

11. Reading Check Identifying the Main Idea What problems of governing did the Framers face?

12. Reading Check Identifying the Main Idea What problems of governing did the Framers face? Answer(s): giving people freedom while controlling them, establishing a system of law, and the knowledge that decisions would have long-lasting consequences

13. Principles of Government in the Constitution Uses of power • Government power subject to will of the people • Power as voters Framers’ solution • Create governing document • Divide, distribute, and balance governmental power Bill of Rights • Final check on power • Inclusion of Bill of Rights in 1791 Restraints • Placed specific restraints on power of government • Cannot violate basic rights of citizens

14. The Constitution is the Blueprint 4,500 words • Constitution blended ideas from the past with uniquely American principles of governing • Three main parts • Preamble—states broad goals • The seven articles—create structure of the U.S. government • The amendments—27 changes added during the nation’s history Basic principles • Structure and language expresses six basic principles — Popular sovereignty — Limited government — Separation of powers — Checks and balances — Judicial review — Federalism Framers believed if federal government reflected and remained true to basic principles, goals of U.S. Constitution could be accomplished.

16. Reading Check Identifying the Main Idea Describe how the Constitution provides a blueprint for governing the nation.

17. Reading Check Identifying the Main Idea Describe how the Constitution provides a blueprint for governing the nation. Answer(s): by setting out six principles of governing that, if followed, would allow its goals to be accomplished

18. Popular Sovereignty • Government gets its authority from the people • Ultimate political power remains with the people • Creating a republic established the people’s authority — Citizens did not have unlimited power — Not a direct democracy — Placed constitutional limits on popular sovereignty • James Madison felt republic best way to guard against the dangers of factions — Defined as number of citizens united by common interest — Could be minority or majority — Might act in a way that hurt the rights of other citizens or the interests of the nation • Since factions certain to exist, must limit their effects

19. Republican form of government • Elected leaders represent broad and diverse group of citizens with competing interests • Tend toward factions with broad interests • Not narrowly partisan ones Popular sovereignty at heart of government • Each election is chance for citizens to exercise sovereignty • Elected leaders work for you; can vote to “fire” elected officials when you step into voting booth • Important power—important responsibility • Citizens have obligation to vote wisely; choose leaders after thoughtful deliberation

20. Reading Check Identifying the Main Idea How is popular sovereignty expressed in the Constitution?

21. Reading Check Identifying the Main Idea How is popular sovereignty expressed in the Constitution? Answer(s): The Preamble begins with the words “We the People of the United States,” indicating that government gets its authority from the people.

22. Limited Government Definition • Principle that powers and functions of government are restricted • Also know as rule of law—concept that every member of society must obey the law; is never above i Opposition to control • Most Americans opposed too much government control of business or private activities • Framers felt limited government promoted goals, protected individual rights Part of Constitution • Principle of limited government spread throughout • List of powers extensive, but powers not listed are excluded • Powers are explicitly denied • Bill of Rights a safeguard Vigorous civil society • Works to constrain government power; part of political process, helping educate and inform the citizenry • Holds government accountable when it fails or exceeds power

24. Reading Check Drawing Conclusions How might civil society support the principle of limited government?

25. Reading Check Drawing Conclusions How might civil society support the principle of limited government? Answer(s): By being active in the political process, citizens can make better choices when they vote and hold the government accountable when it exceeds its power or fails to address society’s needs.

26. Separation of Powers Article I • Creates and empowers Congress, the lawmaking body of the nation • House of Representatives and Senate; each with special powers • House has “power of the purse” Three distinct branches • Created to ensure powers of government not concentrated in hands of a few officials or agencies • Principle of separation of powersgoverning duties divided among three branch Article II • Establishes duties of the executive branch; the president, the vice-president, and the many executive departments • Carries out laws passed by legislative branch Article III • Establishes the judicial branch, including the Supreme Court • Exercises the judicial power of the United States; interprets and applies the law

28. Reading Check Summarizing How does the structure of the Constitution reflect the separation of powers of government?

29. Reading Check Summarizing How does the structure of the Constitution reflect the separation of powers of government? Answer(s): The responsibilities of each of the three branches of government are listed in three separate articles.

30. Checks and Balances • Each branch with own area of governmental responsibilities • Not completely separate from each other • Designed so none can dominate; no branch can control • “Common good” maintained—policies and actions that benefit all of society, such as health, safety, and defense programs System established • Checks and balances—each branch of government has the power to change or cancel acts of another branch • System prevents exertion of too much power Balance • Congress checks executive by controlling taxes and spending • Can reject nominations; approve treaties • Congress given power to declare war; limits president’s power

31. Political Oversight

32. Other branches have checks Veto limited • Congress can override veto with two-thirds majority of both houses • If Congress can muster enough votes, the bill passes Executive branch • Power to veto, or reject, legislation • Threat of veto sometimes sufficient to push revision of legislation so it has better chance of getting signed • President can exercise veto power Unconstitutional • Judicial branch can declare acts unconstitutional—the power of judicial review • Federal judges given lifetime terms; insulated from undue political influence Judicial review balanced • President has power to make federal judicial nominations • Congress has power to approve all federal judicial nominations

33. Presidential frustrations • Famous example of annoyance at Supreme Court in 1930s — President Franklin Roosevelt convinced Congress to pass measures to combat the Great Depression — Court declared some measures to be unconstitutional • Roosevelt responded by introducing legislation to reorganize the federal judiciary — Wanted to increase the size of the Court by adding new justic — Result would be larger Supreme Court with favorable majority • Critics claimed Roosevelt trying to change balance of power with “court-packing” plan; Senate passed a watered-down plan — Plan never implemented — In second term, Roosevelt able to replace five of the Supreme Court justices; gained a sympathetic majority which upheld New Deal programs, including Social Security

34. Reading Check Identifying Supporting Details Name at least one check or balance that each branch of government has on the others.

35. Reading Check Identifying Supporting Details Name at least one check or balance that each branch of government has on the others. Answer(s): legislative: can reject the executive branch’s job appointments; executive: can veto laws passed by legislative branch; judicial: can rule acts of other branches unconstitutional

36. Judicial Review Deciding constitutionality • Courts exercise judicial review—power to determine whether actions of legislative and judicial branch are constitutional • Any law or government action (federal or state) found to violate a part of the Constitution is said to be unconstitutional; act deemed illegal and cannot be enforced or carried out by the government Judicial review not mentioned in Constitution • Writers of Federalist Papers made it clear courts were to have such power; an independent judiciary would serve as precaution against one branch becoming predominant over the others • In 1803 the Supreme Court established the principle of judicial review with the landmark case Marbury v. Madison

38. Reading Check Making Inferences How might the power of judicial review affect ordinary citizens?

39. Reading Check Making Inferences How might the power of judicial review affect ordinary citizens? Answer(s): Judicial review can strike down laws that restrict citizens’ rights.

40. Landmark Supreme Court Cases Marbury v. Madison (1803) Why It Matters: Marbury v. Madison established the Supreme Court’s power to decide whether laws are constitutional. This power, called judicial review, is a basic principle of American government.

41. Federalism • The powers of government are distributed between the national government and state governments—federalism • Framers struggled to find acceptable distribution of powers with the rights of states and sufficient national government strength • Two clauses spell this out, Article I, Section 8 and Article VI Supremacy clause • Advocates for states rights found clauses troubling—where was limit to federal power • Amendment X addresses issue • Powers not delegated are reserved to the states respectively, or to the people Flexibility • Language allows for strong federal government but guarantees states retain powers and rights • Strong federal authority for national defense, disaster response, and highway construction accepted; disagreement with other issues

42. Reading Check Drawing Conclusions Why do supporters of states’ rights refer to the Tenth Amendment to strengthen their arguments?

43. Reading Check Drawing Conclusions Why do supporters of states’ rights refer to the Tenth Amendment to strengthen their arguments? Answer(s): because the amendment guarantees that powers not specifically delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states or to the people.

44. Debating the Issue: The Constitution and Privacy Does the Constitution protect your right of privacy? The Constitution does not explicitly mention such a right, but many people argue that the Constitution and Bill of Rights, when read as a whole, protect an implied right of privacy. This approach to constitutional interpretation is sometimes called “loose construction.” Other people, calling for “strict construction,” argue that the Constitution should be read literally: The words on the page mean exactly—and only—what they say. When the Constitution is read strictly, people argue, it is improper to protect a broad right to privacy.

45. Debating the Issue The Constitution and Privacy

46. Section 2 at a Glance An Enduring Document • The Constitution is an enduring document that has the ability to grow and change over time. • The Constitution includes a formal process for adding amendments to the Constitution. • The Constitution has been amended 27 times. The first 10 amendments are known as the Bill of Rights.

47. An Enduring Document Main Idea The Constitution is both a product of its time and a document for all time. It can be changed as society’s needs change. Reading Focus • How did Jefferson and Madison differ in their views on amending the Constitution? • Why might the Constitution be called a document for all time? • By what processes can the Constitution be amended? • What types of amendments have been added to the Constitution over the last 220 years?

48. A Constitution for All Generations

49. Jefferson and Madison on Amending the Constitution Madison’s views • Madison felt laws and constitutions grow in authority and acceptance the longer they go unchanged • Worried that changing Constitution too often could split the country into factions • Feared sectional rivalry would leave the nation prey to foreign powers and influence • Madison feared periods of chaos might occur between periods of revision Jefferson’s views • Jefferson felt Constitution should not be changed on a whim but could be changed as society and circumstances changed • Believed in each generation as “a distinct nation,” with the right to govern itself but not to bind succeeding generations • Jefferson made his arguments in exchange of letters with fellow Virginian James Madison

50. Reading Check Summarizing Why was Madison opposed to frequent changes to the Constitution?