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Underlying Principles The Constitution is built upon six basic principles: Popular Sovereignty Limited Government Federalism Separation of Powers Rule of Law Checks and Balances Popular Sovereignty • The right of the people to rule themselves • Developed from ideas in England (democratic government) • Echoed in the Declaration of Independence and the Preamble • Writers of the Constitution designed a government whose actions would always reflect the will of the people • Strongly expressed though the election process • If an elected official fails to serve the people, he/ she can be removed from office Limited Government • One danger of democratic society: the majority may try to limit or deny rights to the minority Example: no representation for the colonists in Parliament • Writers of the Constitution felt that government should not be allowed to do certain things, even if the majority wants it • Example: Article I limits the powers of Congress (no tax on exports) • Government is further limited by the addition of the Bill of Rights in 1791 Federalism • The relationship between the state and national governments. • Power is divided between the national and state levels • Under federalism, the national and state governments share power • By allowing each state to have its own government , the Constitution gave Americans the freedom to provide for their own needs Activity • You will work on the worksheet “Amending the Constitution” and your study notes. The Powers of Government are divided into three types: Enumerated powers • Those powers given specifically to the Federal government • Includes: controlling immigration, maintaining an army, establishing a postal system Reserved Powers Those powers given specifically given to the states • Including regulation of trade within the state borders, set up schools, rules on marriage and divorce Concurrent powers • Powers that are shared by the federal and state governments • Including the power to tax, borrow money, set up courts and prisons The Supremacy Clause • Found in Article VI • States that the Constitution and the laws of the national government are the “supreme law of the land” • In any conflict between a national and state law, the national law has the highest authority 4. Separation of Powers • To protect against abuse of power, the writers of the Constitution divided the national government into three branches • System of checks and balances would further ensure that no one branch would have too much power 5. Rule of Law • No one may escape or break the law • The law applies to everyone 6. Checks and Balances • To keep the branches from becoming too powerful, the Constitution set up the system • Under the system, each branch is able to check (limit) the powers of the other two branches • Maintains a balance between the branches • Examples: 1.the president can check the legislature by vetoing legislation, but Congress then can check the President by overriding the veto (then it is passed into a law the bill the President rejected) 2.The judicial branch can check Legislative and Executive branches by declaring that a law goes against the Constitution 3. Congress can remove justices from their position. Activity • You will get into small groups and discuss the following terms without your notes: – Rule of Law, Consent of the Governed, Limited Government, Individual Rights, Republicanism, Federalism, Popular Sovereignty, Separations of Power, and Checks and Balances You will be given a sheet with these terms and have to cut and paste the correct definition to the term on construction paper. Continued……. • When you finish you will be given, a “Separation of Powers” worksheet to complete and be turned in. • This is group work, so be involved!!! Discussion • Why did the Framers of the Constitution want a Separation of Powers?