CHAPTER 4

THE UNITED STATES CONSTITUTION

Government Alive!

Introduction

Objectives:

Gain insight into the 3 guiding principles found in the document

Identify the titles of each Article of the Constitution

Outline the 3 types of power established by the constitution

Evaluate court cases that helped shape this document

Analyze the information within the Constitution

Interpret the ways which the Constitution has been argued

4.2 Elements of the Constitution

Elements of the Constitution continued…

The Preamble Various goals:

Form a more perfect union. Establish justice. Ensure domestic tranquility. Provide for the common

defense. Promote the general welfare. Secure the blessings of

liberty to ourselves and our posterity.

Elements of the Constitution continued…

The Articles Article I Establishes the Legislative Branch Article II Establishes the Executive Branch Article III Establishes the Judicial Branch Article IV Concerns Relations among the

States Article V Describes the Amendment Process Article VI Makes the Constitution the

Supreme Law of the Land Article VII Explains the Ratification Process

4.3 Amending the Constitution

How a proposed amendment proceeds after a 2/3 vote in each house of Congress.

~or~

A national convention called by Congress at the request of 2/3 of the state legislatures.

Guiding Principles of the Constitution

Establishing a Limited GovernmentPopular SovereigntyThe Rule of LawSeparation of Powers—Checks and BalancesFederalismAn Independent JudiciaryIndividual Rights

Enumerated or Implied Powers

Enumerated powers are those that are specifically listed in the Constitution.

Implied Powers are those that the legislature can claim as part of its lawmaking responsibility “Elastic Clause”—stretched to cover a variety of

issues and circumstances

Strict v. Loose construction

Strict construction of the Constitution Literal reading of the Constitution Holds that the original language of the Constitution and

the intent of the framers must serve as primary guides to judicial interpretation

Loose construction of the Constitution Flexible reading of the Constitution Holds that modern values and social consequences

must be taken into account in interpreting the Constitution.