Presentation on theme: "3.1 NOTES: THE SIX BASIC PRINCIPLES BY: Kailah Gordon, Terrell Cheathem, Zane Ouellette, Colton Beaty."— Presentation transcript:
3.1 NOTES: THE SIX BASIC PRINCIPLES BY: Kailah Gordon, Terrell Cheathem, Zane Ouellette, Colton Beaty
HISTORY OF THE CONSTITUTION The Constitution was written in 1787 but didn’t take effect until 1789 Although it is over 200 years old, it still remains an important and relevant document in our country. The Constitution is often called “the supreme Law of the Land” because it is the highest form of law in the U.S.
OUTLINE OF THE CONSTITUTION The Constitution lays out the structure of our government and sets the limits within which the government can conduct itself. The Constitution has been able to guide our nation for over 2 centuries because it sticks to basic principles and isn’t riddled with complex laws and provisions. It begins with an intro known as The Preamble and is divided into seven sections called articles.
OUTLINE OF THE CONSTITUTION The first 3 articles focus on the 3 branches of Government dealing with Congress, the presidency, and the court system. Each of these articles deal with policies concerning each branch such as organization, powers, and how members of each are chosen.
OUTLINE OF THE CONSTITUTION The Fourth Article deals with the States’ placement and their relationship with both the National Government and each other. Article V explains how new amendments may be added to the Constitution. Article VI announces that the Constitution is the supreme law of the nation. The Seventh Article deals with the ratification of the Constitution.
THE SIX BASIC PRINCIPLES POPULAR SOVEREIGNTY LIMITED GOVERNMENT SEPARATION OF POWERS CHECKS AND BALANCES JUDICIAL REVIEW FEDERALISM
POPULAR SOVEREIGNTY Popular Sovereignty is the concept that in the U.S. all political power rests with people. The only way the Government can govern is with the consent of the governed. It is such an important concept because it is one of the leading themes in the Declaration of Independence. The Government draws power from the people who have given them this power through the Constitution.
LIMITED GOVERNMENT This is the principle that says no government should be all-powerful and that a government can only do the things that the people have given them the power to do. Limited Government is also called constitutionalism because the government must obey the law and must conduct itself according to constitutional principles. This concept is also known as the “rule of the law” which states that government officers and officials are always subject to the law. For the most part, The Constitution is a statement of limited government because it reads as a prohibition of certain government authorities.
SEPARATION OF POWERS In a Presidential System, the judicial, executive, and legislative powers are split up into three branches. In the U.S. the executive branch is the President, Congress is the legislative branch, and the courts represent the judicial branch. Article I of the Constitution lays out the powers of the legislative branch such as lawmaking. Article II of the Constitution lays out the powers of the executive branch such as law-enforcing. Article III of the Constitution lays out the powers of the judicial branch such as interpreting the law.
CHECKS AND BALANCES Each branch isn’t entirely independent of each other because they are woven together with a system of checks and balances. This is the concept that states that each branch is subject to a set of restraints from the other two branches. Checks such as Congress has the power to make law but the President can veto any act of Congress or the Senate can decide not to approve a treaty made by the President. The purpose of checks and balances is to prevent an unjust majority.
JUDICIAL REVIEW Judicial review is a principle of checks and balances that is used by the courts to determine whether a government actions abide by the Constitution. Judicial review gives power to federal and state courts to deem something unconstitutional meaning it is illegal or null and void or violates a rule in the Constitution. Judicial Review was established in 1803 in the case of Marbury v. Madison
FEDERALISM Federalism is the principle of the division of power among one central government and multiple regional governments. The American Government is a federalist system because the National Government holds some power sand the other powers are held by 50 states. The Framers of the Constitution chose this system because America had rebelled against the severe rule of a central government and didn’t wish to be ruled by another so they compromised with splitting up the centralized governmental powers between the states.