Download The Constitution - Plain Local Schools

The
Constitution
6 Basic Principles
An Outline of the
Constitution
• Constitution: Nation’s fundamental law
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“Supreme Law of the Land”
Sets basic principles which government was built on and operates today
Lays out framework & procedures of government
Limits how it conducts itself
Written vaguely to be open to interpretation and change
Layout of the Document
• Preamble: Introduction
• Articles:
o 7
• 1st 3 articles outline the 3 branches
o Organization of
o Powers of
o Methods they are chosen
• 4th = states & their relationship with the national government & each
other
• 5th = how to add an amendment
• 6th = Constitution is the supreme law
• 7th = ratification of
• 27 Amendments
6 Basic Principles of the
Constitution
1. Popular Sovereignty:
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All political power resides in the people
Government can only govern with the consent of the governed
Preamble:
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“We the People of the United States…do ordain and establish this
Constitution for the United States of America”
National government’s power comes from the people and people gave
the government power through the Constitution
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States hold same with their state constitutions
2. Limited Government
• Government may do only those things that people have
given power to do
• Government must obey its own law
• National government does NOT have absolute authority
Constitutionalism: government must be conducted
according to constitutional principles
Rule of Law: government & its officers are always subject to
– never above – the law
• Constitution IS limited: majority of it prohibits the power of
government
3. Separation of Powers:
• Power is divided to prevent misuse of power by one
branch of government
• Also limits the power of the National government
• In Parliamentary Democracy-legislative, executive,
and judicial powers are all within 1 branch of
government
o Example: Britain
• In Presidential Democracy-legislative, executive,
and judicial branches are all separate branches to
avoid tyranny
Legislative Branch
• Congress = House of Representatives & Senate
• Power to
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collect taxes
regulate trade between nations and between states
Declare war
Power to set up lower federal courts
• MAIN POWER: make laws
Executive Branch
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President, Vice President, departments and personnel
• executes, enforces and administers power of national government
o Propose laws
o Appoint federal judges
o Negotiate foreign trade agreements
MAIN JOB: enforce the laws Congress passes
President = Chief Executive
• Commander in Chief of Armed Forces
Judicial Branch
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Federal Courts:
• interprets and applies the laws
• Hears disputes between the states
Main Court = Supreme Court
Main Job
• Interpret the Constitution and laws, and make sure that laws are applied
fairly
4. Checks & Balances:
• 3 Branches tied together by checks & balances to restrain the
power of the other 2 branches and prevents tyranny
• Makes compromise necessary and compromise is a vital part
of democratic government
• Works best when President and Congress are from the same
party. Otherwise, partisan friction and conflict can make
things difficult
Veto: reject
• Example:
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3.
Congress can make a law
President can veto that law
Congress can override the President’s veto with a 2/3 vote in both the House and
Senate
• 2 times in history, the House has impeached the President:
Andrew Johnson & Bill Clinton
o The Senate voted NOT to remove either of them
Checks by the Legislative
Branch
• Senate approves:
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President’s choices for his Cabinet
Federal judges being appointed by the President
Ambassadors being appointed by the President
Treaties the President negotiates with foreign nations
• Congress can
o Override a President’s veto
o Propose an amendment to override judicial review
o Remove the President, Vice President or a National Judge with
Impeachment: act of accusing or formally charging
person/people with misconduct
Check by the Executive
Branch
• President can:
o Call special sessions
o Recommend legislation, and
Veto: reject or prevent a bill from becoming a law
passed by Congress
Checks by the Judicial
Branch
• Judicial Review
• Determine if law or appointment is in violation of the
Constitution: UNCONSTITUTIONAL
Checking the Power of the
People
• Feared the National Government would gain too
much power & also that the people may abuse
their power (Hobbes)
• Direct participation should be limited to the better
educated & privileged Americans, So…
o Voters elect House of representatives directly
o State legislatures choose Senators from their own state
• Until 17th Amendment: direct election of Senators by the people
o State legislatures choose electors which is equal to the number of persons
from each state in House: Electoral College
• Choose President & Vice President
• Follows the popular vote of state
5. Judicial Review:
• Power of the courts is to determine if what the
government does is constitutional
Unconstitutional: to declare laws & acts of
government illegal, null & void, or of no force & effect
Marbury v Madison: strengthened the new national
government and established its role in interpreting
national law
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Court assumed the right to declare an act of Congress unconstitutional,
providing the basis of judicial review
6. Federalism:
• Power is divided between the National and state
governments
• Intended to ensue that the National government is
powerful enough to be effective, but not too
powerful as to threaten States or citizens
• Allows individual states to deal with local problems
at the local level, while the national government
acts for the nation as a whole
Federalism- What the National
Government Can Do:
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Create and maintain military
Coin money
Establish postal system
Declare war
Conduct foreign policy
Regulate trade between the states and with foreign
countries
Elastic Clause: Constitution power that gives Congress
the flexibility in dealing with the changing needs of
the nation
o To make laws needed to carry out its other responsibilities
Federalism-What State
Governments Can Do:
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Establish qualifications for voting
Conduct elections
Regulate trade within its borders
Create local governments
Establish and maintain schools
Federalism-shared power between
National & State Governments
Powers not granted to the National government nor
denies the states these powers
• Examples:
o Levying taxes and collecting taxes
o Defining crimes
BUT, the Constitution is the Supreme Law of the Land