Basic Outline & Principles
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” * Goals of the US government Preamble
1. Form a more perfect Union A. relationship of states as part of the union B. relationship between states & federal government 1. equal states 2. ability to make laws specific for their state Preamble
2. Establish justice A. Fair & impartial laws B. Fair application of laws 1. Laws 3. Ensure domestic tranquility A. Maintain peace & order within the country 1. law enforcement 4. Provide for the common defense A. Defend against foreign enemies 1. military Preamble
5. Promote the general welfare A. provide for the common good B. public services 1. building roads & public school 6. Secure the blessings of liberty A. Protect people’s rights 1. Bill of Rights Preamble
1. Living document A. over 200 years old 1. still relevant & important B. changeable to meet changing needs of USA 1. amendments The Constitution
2. Organization A. simple & short (7,000 words w/o amendments) B. based on basic principles C. Three parts 1. Preamble A. introduction B. goals of the govt 2. Articles A. three branches & their powers 3. Amendments A. changes B. ordered by adoption date The Constitution
3. Basic Principles 1. Popular Sovereignty A. govt power comes from the people 1. consent of the governed B. both federal & state governments are based on this principle The Constitution
2. Limited Government A. gov’t has only the powers given to it 1. Constitution & laws 2. People a. gov’t is not all-powerful B. Constitutionalism 1. Rule of law A. gov’t must follow law B. gov’t is not above the law The Constitution
3. Separation of Powers A. Division of powers among 3 branches 1. legislative 2. executive 3. judicial B. found in state constitutions prior to Constitution C. limits the powers of gov’t 1. prevents one branch from becoming too strong The Constitution
4. Checks & Balances A. branches are neither entirely separated nor independent of each other 1. tied together thru checks & balances B. Branches’ constitutional powers are restrained by the powers of the others 1. prevents “unjust combination of the majority” C. Influences the behavior of the gov’t 1. President picks appointees he knows the Senate will approve 2. Congress makes laws w/concern for presidential veto & Supreme Court review The Constitution
5. Judicial Review A. Power of the court to determine constitutionality of gov’t actions 1. can declare laws/gov’t actions unconstitutional 2. has found both in favor & against gov’t B. Supreme Court & court system 1. Federal appellate courts 2. State supreme & appellate courts The Constitution
6. Federalism A. division of power between federal gov’t & states B. some powers given to federal gov’t while other powers are given to the states 1. prevents the federal gov’t from becoming too powerful 2. allows states to maintain some sovereignty The Constitution