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THE CONSTITUTION OF THE UNITED STATES

THE CONSTITUTION OF THE UNITED STATES. Federalism. Some of the Founding Fathers wanted to replace the weak Confederation with a strong central government, but state loyalties were too strong. The states ended up retaining a number of powers with which the federal government could not interfere.

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THE CONSTITUTION OF THE UNITED STATES

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  1. THE CONSTITUTION OF THE UNITED STATES

  2. Federalism • Some of the Founding Fathers wanted to replace the weak Confederation with a strong central government, but state loyalties were too strong. • The states ended up retaining a number of powers with which the federal government could not interfere. • This division of powers between the state and federal government is called FEDERALISM.

  3. John Adams and the idea of a “mixed government” • Adams promoted the idea of a “mixed” government, that combined: • Monarchy (rule by one) • Aristocracy (rule by an elite few), and • Democracy (rule by many) • His solution was to mix these three principles together. • The single strong president embodies the monarchic principle; • The Senate and the Supreme Court embodied the aristocratic principle; and • The House of Representatives embodied the democratic principle. • When the powers of these three branches balanced each other, government would work well. If one of the branches became too powerful, problems would arise.

  4. The Constitution • Fully ratified in 1789; • To prevent any possibility of tyranny, it was based on 2 key principles: • Separation of powers; • Checks and balances.

  5. SEPARATION OF POWERS

  6. Separation of Powers • 3 branches of government: • legislative (Congress with 2 chambers – House of Representatives and Senate); • Executive (President and his advisors); • Judicial (Supreme Court). • Each branch has clear and distinct responsibility from others; • Ensured no single branch could exercise complete control over the government

  7. Legislative Branch (Congress) • Powers assigned in Article 1; • Includes the power to make laws and raise taxes;

  8. Executive Branch • Powers set out in Article 2; • Gave power to the president; • Would oversee the enforcement of the laws; • Would oversee the government administration and serve as commander-in-chief of the armed forces; • Term of office set at 4 years, subject to re-election;

  9. Judicial Branch • Powers assigned in Article 3; • Provided for a Supreme Court to serve as a court of appeal and to rule on constitutional and other significant cases; • Would judge according to the law, ensuring that the executive branch did not act unjustly.

  10. CHECKS AND BALANCES

  11. Checks and Balances • Each branch controlled by others to prevent abuses by any one branch; • For example, control of the armed forces: • Congress had the power to levy troops and declare war; • The President exercised control as commander-in-chief; • The President was responsible for negotiating treaties, but the Senate has the power to reject them.

  12. Checks and Balances continued • The Supreme Court: • Justices were nominated by the president but required the approval of Congress; • The Supreme Court had the duty and responsibility to ensure that the laws passed by Congress and decisions made by the president did not violate the Constitution.

  13. The President had the power to VETO an act passed by Congress; • Congress could OVERRIDE the president’s veto and establish an act as law; • The Supreme Court established the principle that it could declare a federal law to be unconstitutional. • BUT, the president had some control over the Supreme Court b/c the president appointed justices to sit on the Court. • The Senate approves the president’s appointments; • The House of Representatives has the power to IMPEACH, or charge with misconduct, Supreme Court justices or any other federal official, including the president.

  14. AMENDING THE CONSTITUTION • It is difficult to amend the Constitution – this was done on purpose. • The idea was that if changing the law was very difficult, later generations would be forced to think carefully before doing so.

  15. THE BILL OF RIGHTS • The first ten amendments to the Constitution; • Were proposed as part of the first actions of the Congress under the Constitution in September 1789 and ratified by the states in 1791; • Were the condition for ratification by Mass., N.H., Va., and N.Y. • They prevent government from interfering with basic American liberties.

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