Download Six Basic Principles of the Constitution

Six Basic Principles of the
Constitution
Chapters 3 and 4
Six Basic Principles of the
Constitution
6 Themes evident throughout
the Constitution
• Each principle illustrates
HOW this document is a
document of LIMITATIONS.
– This shows distrust of
government.
• Why were the colonists
fearful of powerful
government?
Limited Government
Government is NOT all
powerful, there are limits
on what is can do
Constitution is the Supreme
Law of the land and ALL
government officials are
subject to the document.
(Rule of Law)
Evident throughout the
Constitution, use of negative
language throughout
Limited Government
Examples in the Constitution:
• Article 1, Section 9
– no denial of habeas corpus
– no bills of attainder
– no ex post facto
– no titles of nobility
• Article 1, section 10
– no state shall enter into treaties
with foreign nations
– no state shall coin its own
money
Limited Government
Examples in the
Constitution
• Bill of Rights
– Congress shall make no law
abridging the freedom of speech…
– The rights of the people shall not
be abridged…
– No quartering of troops
Six Principles
of American Government
1.
2.
3.
4.
5.
6.
Republicanism
Checks and Balances
Separation of Powers
Popular Sovereignty
Individual Rights
Federalism
We will discover: How each of
these principles LIMIT
government!
Note Bene: The 6 principles noted
here are slightly different than
the 6 principles in the textbook.
(These align with the TEKs)
Republicanism
• All citizens are represented
by a man or woman in both
the federal government
(Congress) and state
government (Legislature)
– These Representatives make
decisions for us
• Republican form of
Government – each State is
guaranteed at least 1
Representative and 2
Senators in Congress
– (guaranteed by the
Constitution)
John Carter (R) Represents the
Round Rock in the House of
Representatives at the Federal
level
Checks and Balances
Each branch checks over the
other two, to prevent abuse
(again limiting government)
• The legislative makes a
law
– the executive can veto
• The executive vetoes
– the legislative can override the
veto
• The judges make a law
unconstitutional
– the legislative can make an
amendment to the Constitution
• The executive appoints a
judge
– the legislative must confirm or
reject
Separation of Powers
Each branch has its OWN separate powers that the other two
DO NOT
thus limiting the other two.
•
Article 1 – Only Legislative makes laws, coins
money, taxes, borrows money, declares war,
establishes post offices, makes lower courts,
makes laws about naturalization, fixes weights and
measurements
– 17 listed powers, and the "elastic clause"-Clause 18
•
Article 2 – Only the Executive enforces laws, is
Commander in Chief, appoints judges, pardons,
vetoes, makes the State of the Union address,
calls special sessions
•
Article 3 – Only the Judges interpret the
Constitution
Popular Sovereignty
• The people are the source of the
power.
• We give our consent to those we
elect to speak in our behalf, but we
are the source of power.
• Evident throughout the document:
– In Preamble- "We the People"
– Article 1 - the people elect
representatives to the House
– Article 2 - the people indirectly elect
the President
– Amendment 17 - the people directly
elect Senators
– Amendment 1 - Free speech, press,
petition-implies we, the people will
participate
If a majority of the people want
something, should they get what the
want?
– Abortion, End of the War, Affirmative
Action, Close the Border, etc…
We the People limit the power of
Representatives (by voting them
out).
How do Representatives limit the
power of the people?
Individual Rights
• Government exists to protect your
individual rights (Locke, Hobbes,
Jefferson)
• Rights are something that are
protected by government, not given
by government
• Bill of Rights outlines several of
these
–
–
–
–
–
–
Freedom of Speech
Freedom of Religion
Freedom of Press
Freedom of Assembly
Right to bear arms
Right to a fair and speedy trial
• 14th amendment expands Bill of
Rights to the states
• Civil Rights Act (1964)
Federalism
• The federal government and its
sub-divisional governments
(states) SHARE the powers of
law-making, enforcing, and
interpreting.
• All levels of government
– (federal, state, and local)
have three branches
– (legislative, executive, and judicial).
• The Constitution gives power to
BOTH the federal and state
governments
Federalism is like a three
tiered layer cake.
Explain!
Federal
Government
• Executive
• Legislative
• Judicial
State Gov’t
• Executive
• Legislative
• Judicial
Local
Government