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This overview explores fundamental principles of governance, including popular sovereignty, limited government, and constitutionalism. It explains the significance of separating powers in a parliamentary and presidential system, alongside checks and balances to ensure accountability among branches. The text delves into the concept of judicial review, established by the landmark Marbury v. Madison case, and discusses federalism's role in distributing government power across various levels. It also compares strict and loose constructionist interpretations of constitutional amendments.
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Popular Sovereignty- power resides with the people • Limited Government- Government only has the powers that the people have given them • Constitutionalism- government is conducted according to the Constitution.
Separation of Powers- • Parliamentary System- Legislative, Executive and Judicial branches of government are all combined into ONE single agency. • Presidential System- the 3 branches are separated among 3 different and independent branches. This is known as the Separation of Powers
Checks and Balances- each of the 3 branches will place restraints on the other branches power if need be. • Veto- President can reject any law passed by Congress ( House of Representatives and Senate)
Judicial Review- power of the courts to determine actions to be in accordance with the United States Constitution. If an action is declared unconstitutional then it is illegal and null and void. • 1808 Marbury v. Madison case est. Judicial Review
Federalism- Government power divided by a Federal Government and other regional (state, county) governments
Strict Constructionist- Interprets the Constitution very literally. There is no gray area. • Loose Constructionist- Interprets the Constitution liberally. Looking at the Constitution as a living document to be interpreted as needed.
Amendment proposed 2/3 of vote in each house of Congress and ratified by ¾ of the state legislatures. Currently 38 state legislatures must approve the amendment. • Or- Proposed by conventions in ¾ of the states. The 21st amendment was added in this way. • OR- proposed by a national convention called by congress at the request of 2/3 state legislatures. • OR proposed by a national convention and ratified by the conventions in ¾ of the states