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Do Now Pg. 18 1. What is the Necessary and Proper clause? 2. What branch is mostly responsible for interpreting the constitution?

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Presentation on theme: "Do Now Pg. 18 1. What is the Necessary and Proper clause? 2. What branch is mostly responsible for interpreting the constitution?"— Presentation transcript:

1 Do Now Pg What is the Necessary and Proper clause? 2. What branch is mostly responsible for interpreting the constitution?

2 Principles Underlying the Constitution The Framers embraced five fundamental principles: The Framers embraced five fundamental principles: 1.popular sovereignty 1.popular sovereignty 2. the rule of law 2. the rule of law 3. separation of powers 3. separation of powers 4. checks and balances 4. checks and balances 5. federalism 5. federalism These principles are the backbone of the Constitution. These principles are the backbone of the Constitution.

3 Differentiating Meanings In Article IV, the Constitution guarantees the American people "a Republican Form of Government." In Article IV, the Constitution guarantees the American people "a Republican Form of Government." Today the word "republic" can mean any representative government headed by a president or similar leader.. Today the word "republic" can mean any representative government headed by a president or similar leader..

4 Differentiating Meanings To the Framers of the Constitution a republic was a representative democracy. To the Framers of the Constitution a republic was a representative democracy. In a traditional republic, supreme power belongs to the people, who express their will through elected representatives. In a traditional republic, supreme power belongs to the people, who express their will through elected representatives.

5 Popular Sovereignty The notion that power lies with the people is called popular sovereignty. The notion that power lies with the people is called popular sovereignty. ("Sovereignty" means the right to rule; "popular," in this case, means the population or public.) ("Sovereignty" means the right to rule; "popular," in this case, means the population or public.)

6 Popular Sovereignty Voting The Constitution includes several clauses to ensure the sovereignty of the people. The Constitution includes several clauses to ensure the sovereignty of the people. Of special importance are sections about the right of citizens to vote. Of special importance are sections about the right of citizens to vote. It is through elections that the people exercise their power most clearly. It is through elections that the people exercise their power most clearly.

7 Popular Sovereignty Voting By a majority vote, citizens decide who will represent them in Congress. By a majority vote, citizens decide who will represent them in Congress. Through the Electoral College, they also choose the president and vice president. Through the Electoral College, they also choose the president and vice president. Elected officials are always accountable to the people. Elected officials are always accountable to the people. Elections are regularly scheduled, and voters can reject and replace representatives who serve them poorly. Elections are regularly scheduled, and voters can reject and replace representatives who serve them poorly.

8 Rule of Law Definition: To limit the power of both the federal government and the states. Definition: To limit the power of both the federal government and the states. the Constitution specifies what they may and may not do. the Constitution specifies what they may and may not do.

9 Rule of Law Under the Constitution, the government is also limited by the rule of law. Under the Constitution, the government is also limited by the rule of law. This means that the law applies to everyone, even those who govern. This means that the law applies to everyone, even those who govern. No one may break the law or escape its reach No one may break the law or escape its reach

10 Separation of Powers To further protect against abuse of power and the possibility of one person or group gaining too much power, the Framers divided the government into three branches, each with different functions. To further protect against abuse of power and the possibility of one person or group gaining too much power, the Framers divided the government into three branches, each with different functions. This split of authority among the legislative, executive, and judicial branches is called separation of powers. This split of authority among the legislative, executive, and judicial branches is called separation of powers.

11 Checks and Balances

12 Maps in Motion Glencoe Glencoe

13 Checks and Balances To keep any one branch from becoming too powerful, the Constitution also includes a system of checks and balances. To keep any one branch from becoming too powerful, the Constitution also includes a system of checks and balances. Each branch of government is able to check, or restrain, the power of the others. Each branch of government is able to check, or restrain, the power of the others. The president, for example, can veto laws proposed by Congress and name federal judges. The president, for example, can veto laws proposed by Congress and name federal judges.

14 Checks and Balances Congress can block presidential appointments and treaties, control spending by the executive branch, and, in cases of serious wrongdoing, remove the president from office. Congress can block presidential appointments and treaties, control spending by the executive branch, and, in cases of serious wrongdoing, remove the president from office. Congress can also reject judicial appointments and remove judges through the impeachment process. Congress can also reject judicial appointments and remove judges through the impeachment process. The Supreme Court can overturn laws and executive policies that it finds contrary to the Constitution The Supreme Court can overturn laws and executive policies that it finds contrary to the Constitution

15 Federalism Further limits on government arise from our federal system. Further limits on government arise from our federal system. Under federalism, power is shared by the national government and the states. Under federalism, power is shared by the national government and the states. Each level of government—national and state— has independent authority over people at the same time. Each level of government—national and state— has independent authority over people at the same time. Americans must obey both federal and state laws Americans must obey both federal and state laws

16 Dividing Power the Constitution gives the national government certain exclusive powers. the Constitution gives the national government certain exclusive powers. For example, Article I says that only the national government may coin money and make treaties with other nations. For example, Article I says that only the national government may coin money and make treaties with other nations. None of the 50 state governments may do these things None of the 50 state governments may do these things

17 Powers The powers specifically granted to the national government are called the enumerated or expressed powers. The powers specifically granted to the national government are called the enumerated or expressed powers. Powers that the Constitution does not give to the national government are kept by the states-reserved powers. Powers that the Constitution does not give to the national government are kept by the states-reserved powers. –Ex: regulating trade within state borders, establishing schools, and making rules for marriage and divorce.

18 Powers In some areas, the authority of the states and the national government overlaps. In some areas, the authority of the states and the national government overlaps. Powers that both levels of government can exercise are called concurrent powers. Powers that both levels of government can exercise are called concurrent powers. –Examples: the power to collect taxes, borrow money, and set up courts and prisons.

19 Activity 1

20 Rights & Freedoms Magna Carta (1215) English Bill of Rights 1689 Declaration of Rights Virgi. Bill of Rights 1791 Trial by Jury Due process Private Property Unreasonable search& seizure No Cruel Punishment No excessive bail/fines Right to bear arms Right to petition Freedom of Speech Freedom of press Freedom of religion

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