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The Declaration of Independence • Government power comes from people • Governments created to protect Natural Rights • Ability to revolt when government fails to protect Articles vs. Constitution • • • • • Articles One Branch= Congress Unicameral Each state has one vote in Congress Cannot tax All 13 states must agree to amend • • • • • Constitution Strong Central Government Three Branches Bicameral- Senate and House of Representatives Power to tax ¾ states agree to amend The Great Compromise • Settle the dispute over representation • creates a two house (bicameral) legislature. • The Senate is based on the New Jersey Plan. Each state has 2 senators. • The House of Representatives is based on the Virginia Plan. Each state’s representation is based on population. 3/5’s Compromise Should slaves be counted when determining how many representatives a state will have? North vs. the South What are the five principles of the Constitution? • limited government• federalism- a political principle which holds that government should be bound by laws that limit its power System of government in which power is distributed between national and state governments • checks and balances• separation of powers• popular sovereignty- System set up in the Constitution where each branch of the government has some authority over the other The division of power among the legislative, executive, and judicial branches of the government The belief that people should have the right to rule themselves Limited, Flexible and Living Limited Government • • • • Federalism Checks and Balances Separation of Powers Bill of Rights Flexible and Living Document • Amendments • Elastic Clause Elastic Clause This gives Congress the ability to exercise power or create laws not specifically mentioned in the Constitution. This can only be used when Congress feels that it is “necessary or proper” The Unwritten Constitution • Not written in the Constitution • Based on Tradition and customs • Political parties •Judicial Review- also a check and balance •Cabinet Marbury v. Madison (1803) • Established Judicial Review – Power of the Supreme Court to declare laws unconstitutional Federalism government in which power is distributed between national and state governments 1.Delegated Powers- powers granted to Federal government 2.Reserved Powers- Powers granted to states governments 3.Concurrent Powers- Powers shared by the Federal and States Delegated Concurrent Reserved Bill of Rights • 1st Ten Amendments of Constitution • Limit government from taking away our natural rights • Amendment- change or addition to Constitution 1 2 3 4 5 6 7 Freedom of religion, speech, press, assembly, and petition. Right to keep and bear arms in order to maintain a well regulated militia. No quartering of soldiers. Freedom from unreasonable searches and seizures. Right to due process of law, freedom from selfincrimination, double jeopardy. Rights of accused persons, e.g., right to a speedy and public trial. 8 Right of trial by jury in civil cases. Freedom from excessive bail, cruel and unusual punishments. 9 Other rights of the people. 10 Powers reserved to the states.