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Constitution

Constitution. The Constitution . Sets up the Six basic principles Lays out the framework and procedures Sets limits for the government . Characteristics of the Constitution . 7,000 words Introduction: Preamble 7 articles 1-3 deal with three branches of National Government

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Constitution

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  1. Constitution

  2. The Constitution • Sets up the Six basic principles • Lays out the framework and procedures • Sets limits for the government

  3. Characteristics of the Constitution • 7,000 words • Introduction: Preamble • 7 articles • 1-3 deal with three branches of National Government • 4: place of states in the Union • 5: Adding amendments • 6: Declares Constitution Supreme Law • 7: Ratification of the Constitution

  4. Six Basic Principles • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  5. Popular Sovereignty • All political power resides in the People • Source of any and ALL power • Govern with the Consent of the people • Present in Preamble • WE the PEOPLE of the United States of America

  6. Limited Government • No Government is ALL-Powerful • May only do those thing the people have given the power to do • Government MUST OBEY the LAW • Constitutionalism: government must be conducted according to constitutional principles • Rule of Law: always subject too – never above – the law • 1st Amendment

  7. Separation of Powers • Presidential system • Legislature • Congress • Law Making Branch • Executive • President • Law-executing, enforcing, administering Branch • Judicial • Courts • Interpret and apply the laws

  8. Separation of POWERS

  9. Checks and Balances • Although Separate…..they are TIED together • Subjected to Constitutional CHECKS by other branches

  10. Checks and Balances • Worked as the Framers planned • Prevented an unjust combination of the majority • Has created some gridlock between Congress and President • Today: Democratic President but Democrats are losing ground in Congress (republican majority in Senate)

  11. Judicial Review • Power of courts to determine whether what the government does is in accord with what the Constitution provides • Power of the Courts to determine constitutionality of a governmental action • Unconstitutional = illegal, null and void, violated some provision in the Constitution

  12. Judicial Review • Intended for Supreme Court to have the power • Federalist no. 78: • Alexander Hamilton • Independent judges would proved to be “an essential safeguard against the effects of occasional ill humors in society.” • Federalist no. 51 • James Madison • Judicial power one of the “auxiliary precautions” against the possible dominance of one branch of government over another • Judicial Review established: • Marbury v. Madison (1803) • Most cases: the action of government are found to be constitutional

  13. Federalism • The division of power among central government and regional governments • How to build a new, stronger national government while preserving States and the concept of local self government • Colonists had fought for the right to manage local affairs • Used as a compromise

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