CHAPTER TWo • FoRGiNG A NEW GovERNmENT: THE CoNsTiTuTioN 35
Ratification
Formal approval.The Final document
On September 17, 1787, the Constitution was approved by thirty-nine delegates. Of the
fifty-five who had attended originally, only forty-two remained. Three delegates refused
to sign the Constitution. Others disapproved of at least parts of it but signed anyway to
begin the ratification debate.
The Constitution that was to be ratified established the following fundamental
principles:n Popular sovereignty, or control by the people.
n A republican government in which the people choose representatives to make deci-
sions for them.THE
JUDICIARY
THE
PRESIDENCY
THE
CONGRESS
- The president proposes laws that are introduced by supportive
legislators and can veto congressional legislation. - The president makes treaties, executive agreements, and
executive orders. - The president can refuse to enforce congressional legislation.
- The president can call special sessions of Congress.
- Congress makes legislation and can override a presidential veto
of its legislation. - Congress can impeach and remove a president.
- The Senate must confirm presidential appointments and consent
to treaties negotiated by the president based on a two-thirds
concurrence. - Congress has the power of the purse and provides funds for the
president’s programs. - The Supreme Court can
declare presidential actions
unconstitutional. - The president nominates
federal judges. - The president can refuse to
enforce the Court’s decisions. - The president grants pardons.
- Congress can rewrite legislation to
circumvent the Court’s decisions. - The Senate confirms federal judges.
- Congress determines the number
of judges. - The Supreme Court can
declare congressional laws
unconstitutional.
FiGuRE 2–1: Checks and Balances
The major checks and balances among the three branches of the U.S. government are illustrated here. The Constitution
does not mention some of these checks, such as judicial review—the power of the courts to declare federal or state acts
unconstitutional—and the president’s ability to refuse to enforce judicial decisions or congressional legislation. Checks and
balances can be thought of as a confrontation of powers or responsibilities. Each branch checks the actions of the others; two
branches in conflict have powers that can result in balances or stalemates, requiring one branch to give in or both to reach a
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