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Constitutional Principles

Constitutional Principles. Constitution in Review. Shifted power from states to national government. Created national currency. Built in flexibility, ability to be changed. Belief in republican form of government. Constitution.

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Constitutional Principles

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  1. Constitutional Principles

  2. Constitution in Review • Shifted power from states to national government. • Created national currency. • Built in flexibility, ability to be changed. • Belief in republican form of government.

  3. Constitution • Constitutional Convention shared beliefs in basic principles of government • Reflects fundamental values of democratic system. • Popular Sovereignty • Limited Government • Federalism • Separation of Powers • Checks and Balances

  4. Popular Sovereignty • Constitution begins with “We The People”. • Framers made it clear that power & authority comes from the citizens. • Lies at the heart of democracies.

  5. Limited Government • Framers still wanted to protect against tyranny. • Created plan to limit government’s power: • Power is vested in institutions, not people. • National government does not have absolute authority. • “Popular Sovereignty”: people give government power. • Powers of government spelled out in Constitution. • Government must obey laws • “Rule of Law”

  6. Federalism • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” • Amendment 10, of Constitution

  7. Federalism • Def: “the division of power between national & state governments.” • Federal Government: National Powers • State Government: Local Issues. • Federal Powers: • “Elastic Clause” • Article I, Section 8 • Gives Congress flexibility in dealing with the changing needs of the nation. • Listed in the Constitution • Coin money • Regulate trade • Create & maintain armed forces • Conduct foreign policy • Declare war • Establish postal system

  8. Federalism • State Powers: • Any power not given to federal government in Constitution: • Qualifications of voting • Conduct elections • Regulate trade within their borders • Create local government • Establish & maintain schools • Shared Powers: • Powers Constitution doesn’t grant/deny to either: • Levying & collecting taxes • Defining crimes

  9. Federalism • When in doubt, federal government wins! • Supremacy Clause: Constitution and federal government trumps state laws. • Examples: • Legalizing marijuana (1970, 2005) • Abortion (1970’s) • Drinking age of 21 (1984) • Legal limit being .08% (2003) • Drug testing in schools (2005) • Internet betting/internet pornography (2005-2006)

  10. Separation of Powers • Framers limited federal government by dividing power into three branches: • Legislative • Executive • Judicial • System is referred to as separation of powers.

  11. Checks & Balances • Each branch of government has power to control the other two. • Strengthens the separation of power & further limits authority of federal government. • Importance of “Compromise”

  12. Checks & Balances • Checks by the legislature: • Senate approves Cabinet members, federal judges, ambassadors. • Senate approves treaties • Congress can override a presidential veto. • Congress has impeachment powers. • Congress can propose amendments to override judicial efforts.

  13. Checks & Balances • Checks by the executive • Veto power • Call special sessions • Recommend legislation

  14. Checks & Balances • Checks by the judiciary • “Judicial Review” • Power to declare acts of Congress or President as unconstitutional. • Not spelled out in Constitution.

  15. Checks & Balances • Checking the Power of the People: • Limits the power of the people on government. • Voters would elect representatives directly • State legislatures would choose Senators. (17 amendment) • State legislatures would choose electoral college.

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