What’s it all about?. Constitutionalism – government must be conducted according to constitutional principles Veto – reject or overturn and act of Congress.

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Presentation transcript:

What’s it all about?

Constitutionalism – government must be conducted according to constitutional principles Veto – reject or overturn and act of Congress Unconstitutional – declare illegal, null and void of no force and effect

As the “Supreme law of the land” it remains an incredibly important document in our society It’s 7000 words form the foundation of our government It has a preamble (introduction) and seven articles 27 amendments It has six basic principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism

Quite simply, power resides with the people Consent of the governed First stated in the Declaration, now in the Preamble Similar concept in each state

No government is “all- powerful” Goes hand in hand with popular sovereignty The power comes from the people, and it only has the authority the people give it Sometimes referred to as the “rule of law” Government is always subject to the law No one is above it

This concept was not new State constitutions during the revolution Contrast to the current British system Our government is separated into three distinct branches Congress makes the laws President enforces/executes/adminis ters the laws Federal Courts (Supreme Court) reviews the laws

The system of checks and balances is fairly complex Powers that help check the other two branches Some examples: Presidents can veto Congresses bills/laws Congress can overturn a veto The President gets to appoint judges The Senate can not confirm the appointment The President commands the army There is no army without congress Because of this system of checks and balances, compromise usually rules the day Judges are generally picked because of their likelihood of confirmation Laws are passed with their likelihood of signage in mind

Part of the system of checks and balances Power (of the courts) to determine if a government action is legal or illegal (unconstitutional) Held by all federal courts and most state courts The concept is not explicitly stated in the constitution but implied Firmly established with Marbury v. Madison in 1803 Courts generally uphold the governmental position 150 have been overturned on the federal level Over 1,100 state laws have been ruled unconstitutional

National government holds some power State governments hold some power Combination of both worlds Strong central government State and local control as well

Separation of Powers Limited Government Checks and Balances Popular Sovereignty Federalism