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Constitution. The Constitution Sets up the Six basic principles Lays out the framework and procedures Sets limits for the government.

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Presentation on theme: "Constitution. The Constitution Sets up the Six basic principles Lays out the framework and procedures Sets limits for the government."— Presentation transcript:

1 Constitution

2 The Constitution Sets up the Six basic principles Lays out the framework and procedures Sets limits for the government

3 Characteristics of the Constitution 7,000 words Introduction: Preamble 7 articles –1-3 deal with three branches of National Government –4: place of states in the Union –5: Adding amendments –6: Declares Constitution Supreme Law –7: Ratification of the Constitution

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5 Six Basic Principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism

6 Popular Sovereignty All political power resides in the People Source of any and ALL power Govern with the Consent of the people Present in Preamble –WE the PEOPLE of the United States of America

7 Limited Government No Government is ALL-Powerful –May only do those thing the people have given the power to do Government MUST OBEY the LAW –Constitutionalism: government must be conducted according to constitutional principles Rule of Law: always subject too – never above – the law 1 st Amendment

8 Separation of Powers Presidential system Legislature –Congress –Law Making Branch Executive –President –Law-executing, enforcing, administering Branch Judicial –Courts –Interpret and apply the laws

9 Separation of POWERS

10 Checks and Balances Although Separate…..they are TIED together Subjected to Constitutional CHECKS by other branches

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12 Checks and Balances Worked as the Framers planned –Prevented an unjust combination of the majority Has created some gridlock between Congress and President Today: Democratic President but Democrats are losing ground in Congress (republican majority in Senate)

13 Judicial Review Power of courts to determine whether what the government does is in accord with what the Constitution provides Power of the Courts to determine constitutionality of a governmental action –Unconstitutional = illegal, null and void, violated some provision in the Constitution

14 Judicial Review Intended for Supreme Court to have the power Federalist no. 78: –Alexander Hamilton –Independent judges would proved to be “an essential safeguard against the effects of occasional ill humors in society.” Federalist no. 51 –James Madison –Judicial power one of the “auxiliary precautions” against the possible dominance of one branch of government over another Judicial Review established: –Marbury v. Madison (1803) Most cases: the action of government are found to be constitutional

15 Federalism The division of power among central government and regional governments How to build a new, stronger national government while preserving States and the concept of local self government Colonists had fought for the right to manage local affairs Used as a compromise

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