Presentation on theme: "Major Principles of Government"— Presentation transcript:
0 Principles Underlying the Constitution Objective: I can explain how the U.S. Constitution incorporates basic principles which help define the government of the United States as a federal republic including its structure, powers, and relationship with the governed.
1 Major Principles of Government Details in the Constitution fall under 5 fundamental principlespopular sovereignty; rule of law; separation of powers; checks and balances; and federalismThese principles are the foundation on which our government is built.
2 Major Principles of Government Article IV guarantees the American people “a Republican Form of Government.”Republic can mean any representative government headed by an elected president or similar leader rather than a leader who inherits the position
3 Major Principles of Government However, to the framers a republic was a representative democracyRepresentative democracy=power belongs to the people, who express their will through elected representativesThis idea was important to the early English colonists who came to America.
4 Popular SovereigntyThe idea that the power of gov’t lies with the peoplePopular in this case=the population or public; Sovereignty=the right to rule
5 Popular SovereigntyDecl. of Ind. is a statement about popular sovereigntyIt says that gov’ts should draw their powers “from the consent of the governed”Same idea echoed in the “We the People” phrase in the beginning of the Constitution
6 Popular SovereigntyConstitution includes several provisions that protect and ensure or guarantee, the sovereignty of the people.The will of the people is expressed most strongly through elections.By a majority vote, citizens decide who will represent them in Congress.Through the Electoral College, the people also choose the president and vice president.
7 Popular SovereigntyElected officials are always accountable to the people.Elections are regularly scheduled, and voters can reject and replace representatives who serve them poorly.
8 Partner Questions What is popular sovereignty? What are two examples of popular sovereignty?How are the peoples’ sovereignty protected in the Constitution?
9 Rule of LawFramers believed gov’t should be strong, but not too strongIncluded in the Constitution the principle of limited government, which means that government can do only what the people allow it to do
10 Rule of Law“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself”James Madison, The Federalist, No. 51
11 Partner QuestionWhat does James Madison’s quote mean? Explain
12 Rule of LawUnder the Constitution, the gov’t is also limited by the rule of law.This means that the law applies to everyone, even those who govern.No one may break the law or escape its reach.
13 Partner QuestionWhat is limited government?What is the rule of law?
14 Separation of PowersTo protect against abuse of power and the possibility of one person or group gaining too much power, the Framers divided the federal gov’t into 3 branches, each with diff. functions
15 Separation of PowersThe Framers were influenced by the ideas of French philosopher Baron de MontesquieuMontesquieu believed that the best way to safeguard the liberty of the people was to clearly separate the legislative, executive, and judicial functions of gov’t and assign, or appoint, each to a separate branch of gov’tThis division of authority is called separation of powers
16 Partner Questions What is the separation of powers? How many branches are there in the Constitution?Identify each branch found in the Constitution.
17 Checks and BalancesEven with the separation of powers, the Framers feared that one branch of gov’t could dominate the other two.In order to prevent any one of the three branches from becoming too powerful, the Framers of the Constitution also included a system of checks and balances.
18 Checks and BalancesUnder this system, each branch of gov’t is able to check, or limit, the power of the others.
19 Partner Questions What is checks and balances? Look at the chart on page 88 of checks and balances-circle=HOMEWORK Answer questions 1 & 2
20 FederalismFederalism=power is shared by the national gov’t and the states.Each level of gov’t-national and state-has independent authority over people at the same timeAmericans must obey both federal and state laws
21 Federalism Three Types of Power Enumerated or Expressed Powers Powers specifically granted to the national gov’tReserved PowersPowers that the Constitution does not give to the national gov’t are kept by the statesConcurrent PowersPowers that both levels of gov’t can exercise
22 Federalism Expressed Powers (National Gov’t) Coin Money, Maintain army and navy, Declare war, Regulate trade between states and with foreign nations, Carry out all expressed powers
23 Federalism Reserved Powers (State Gov’ts) Regulate trade within a state, protect public welfare and safety, establishing schools, making rules for marriage and divorce, conduct elections, establish local gov’ts
24 Federalism Concurrent Powers (National and State Gov’ts) Establish courts, enforce laws, collect taxes, borrow money, provide for general welfare, Set up prisons
25 Partner Questions What is federalism? What is expressed powers? What is reserved powers?What is concurrent powers?***Be Sure to Know Examples of Expressed, Reserved, and Concurrent Powers***
26 The Supremacy ClauseIn a federal system, the laws of a state and the laws of the nation may conflict. To deal with this possibility, the Framers included the supremacy clause. Found in Article VI, the supremacy clause states that the Constitution and other laws and treaties made by the national gov’t “shall be the supreme Law of the Land.”
27 The Supremacy ClauseBecause the Constitution is the highest law, the national gov’t is not supposed to act in violation of it. Likewise, states may do nothing that goes against either the Constitution or federal law
28 Partner Question What is the supremacy clause? Can laws conflict with the Constitution? Why or why not?
29 The Supremacy Clause“I am persuaded no constitution was ever before so well calculated as ours for...self-government.”Thomas Jefferson’s letter to James Madison
32 Partner Question pg. 901. Write a paragraph about the U.S. Constitution using the following group of words-popular sovereignty, rule of law, separation of powers, checks and balances, expressed powers, reserved powers, concurrent powers.
33 Partner Questions pg. 902. Why did the Framers include the principles they did in writing the Constitution?How is the power to govern shared under the principle of federalism?
34 Partner Questions pg. 90What are the five principles of government embodied in the United States Constitution?Explain each of the listed principles in the Constitution-Popular Sovereignty, Rule of Law, Separation of Powers, Checks and Balances
35 Partner Questions pg. 90In what ways has the system of checks and balances helped avoid conflict between the branches of government?