Written by William Pierce of Georgia, who attended the Philadelphia Convention - - Interesting Reading
Ch.
3 - Sec. 1 Notes - The Six Basic Principles
The Constitution originally consisted of a Preamble, or introduction,
and seven sections called articles.
The Framers developed the Preamble and articles around the six broad ideas, or principles,
described below.
(1) Popular sovereignty
is the idea that the people are the source of all power held by the
government.
(2) Limited government
means that the government possesses only the powers the people give it
- it must obey the constitution.
Government officials are subject to the rule of law—they must
always obey the law and are never above it.
(3)
Separation of powers establishes three separate parts, or
branches, that share the government’s power.
These branches
are the executive, the legislative, and the judicial.
The
Constitution uses a system of (4)
checks and balances to ensure that none of the three
branches can become too powerful.
Each branch
has ways to limit the power of the other two.
An example of
this principle is the power of the President to veto, or reject, any
act of Congress.
Congress may then override a veto with a two-thirds vote in each house.
(5) Judicial
review is the power of the courts to decide what the
Constitution means.
The courts
also have the power to declare a government action to be against the
Constitution, or unconstitutional.
Lastly, the Framers used the principle of (6) Federalism to
divide power between the central government and the States.
Ch. 3 – Sec. 2 Notes - Formal Amendments
The Constitution has lasted more than 200 years because it has changed with the times.
The alterations to the Constitution have occurred in two ways: either through formal or informal amendments, or changes.
A formal amendment is a change to the Constitution’s written words.
The Framers created four ways to make such changes.
Methods of Formal Amendment
First,
amendments are proposed, at a national level—either by Congress
or at a national convention. Then they are ratified at the State
level—either in the State legislatures or by State conventions.
Method 1 has been used for all but one of the 27 amendments.
The first ten amendments are the Bill of Rights.
Congress
proposed all of them in 1789 because many people refused to support the
Constitution unless the Federal Government protected these basic
rights.
The States approved these ten amendments in 1791.
The other 17 amendments became part of the Constitution one at a time.
Ch. 3 – Sec. 3 Notes - Informal Amendment
Many informal amendments to the Constitution have been made since 1787.
These have not changed the Constitution’s actual words.
These changes have come from five sources.
1. Basic Legislation: Congress has made changes to the Constitution through two kinds of basic legislation.
-First, it has passed laws that fill in details about the specific ways the government operates.
-Second, it has passed thousands of laws that explain certain parts of the Constitution.
2. Executive Action: The way Presidents have used their powers has produced some informal amendments.
-A President may choose to make an executive agreement, or pact, with the head of another country instead of a treaty, or a formal agreement between two sovereign countries that requires congressional approval.
3. Court Decisions:
The courts, especially the U.S. Supreme Court, have informally changed
the Constitution by ruling on cases. They also decide if government
actions are constitutional.
4. Party Practices: Political parties have informally shaped what the government does.
-For example,
the parties have decreased the importance of the electoral college, the
group that formally selects the nation’s President.
5. Customs: Many customs have developed in American government that are not mentioned in the Constitution.
-For example, the President’s Cabinet, or advisory body, is customarily made up of the heads of executive departments and other officers.
-Senatorial courtesy
is a custom in which the Senate will not approve a presidential
appointment to serve in a State if the appointment is opposed by a
senator from the President’s party.
Sources of Informal Amendment to the Constitution
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