Major Principles of the Constitution

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Presentation transcript:

Major Principles of the Constitution

Popular Sovereignty Idea that power of government lies with the people Popular = population, public, people Sovereignty = the right to rule In Preamble: “We the People” How do we show popular sovereignty? In what other American document do we see this?

Rule of Law Principle of limited government No one is above the law (including government!)

Separation of Powers Government divided into 3 branches with separate powers/ duties Legislative  led by Congress  make laws Executive  led by President  enforce laws Judicial  led by Supreme Court  interpret laws Which Enlightenment philosopher was a big proponent of this idea?

Checks and Balances Each branch can check (limit) the powers of the others Prevent one branch from becoming too powerful Examples?

Checks and Balances Executive Branch can… Legislative Branch can… Appoint judges Veto legislation Legislative Branch can… Impeach president; override veto; reject appointments; refuse to approve treaties Impeach judges; reject appointment of judges Judicial Branch can… Declare acts of legislature unconstitutional Declare presidential actions unconstitutional

Federalism Power is shared between the national and state governments 3 types of powers: Expressed/ Enumerated/ Delegated Powers Concurrent Powers Reserved Powers

Expressed Powers (Enumerated/ Delegated) Powers specifically granted to national government

Implied Powers Necessary and proper clause implied powers: let Congress do things not specifically listed in the Constitution AKA: elastic clause AKA: “necessary and proper” clause Ex: licensing TV stations, regulating air pollution; much of what it does today

Concurrent Powers Powers that both national & state governments have

Reserved Powers Powers that the Constitution does not give to the national government & are kept by the states

Judicial Review Lets Court decide whether law/ prez. action is constitutional

The Principal Principle? (28L) Of the 6 underlying principles of the Constitution, which do you think is most essential for the success of our government? Why? Explain your answer in complete sentences on 19L.

Expressed, Reserved, or Concurrent? By yourself or with someone sitting around you, decide if each of the given powers is an expressed, reserved, or concurrent power.

Expressed, Reserved, or Concurrent? Coin and print money Conduct foreign affairs Establish postal system Govern US territories, admit new states, regulate immigration Raise & support army Regulate trade with other countries & among states Pass all laws necessary and proper to carry out its powers Establish courts and prisons Enforce laws Collect taxes Borrow money Provide for the general welfare Conduct elections Establish public school system Establish local governments Make rules for marriage & divorce Regulate trade and commerce within the state Provide for public safety, health, welfare within state