The Six Basic Principles of the Constitution

For Your Information Objective: Students will be able to identify and explain the six basic principles of the Constitution Objective: Students will be able to identify and explain the six basic principles of the Constitution Thinking Skill: Demonstrate understanding of concepts Thinking Skill: Demonstrate understanding of concepts

Information Written in 1787 Written in 1787 Took effect 1789 Took effect 1789 Vitally important and vibrant document Vitally important and vibrant document “Supreme Law of the Land” “Supreme Law of the Land” Lays out basic framework and procedures of our government Lays out basic framework and procedures of our government Sets out the limits within which that government must conduct itself Sets out the limits within which that government must conduct itself

Weaknesses of Articles of Confederation States were fiercely independent States were fiercely independent Weaknesses: Weaknesses: Instability of Union Instability of Union No Judicial Branch No Judicial Branch Powerless Executive Branch Powerless Executive Branch No Power to Regulate Commerce No Power to Regulate Commerce No Power to Tax No Power to Tax Couldn’t provide for national defense Couldn’t provide for national defense Each state had one vote, regardless of size Each state had one vote, regardless of size 9 of 13 required for law; Unanimous to amend 9 of 13 required for law; Unanimous to amend

Compromises Great Compromise Great Compromise 3/5 Compromise (ended with 13 th Amt. in 1865) 3/5 Compromise (ended with 13 th Amt. in 1865) Commerce and Slave Trade Compromise Commerce and Slave Trade Compromise

Injustices in the Constitution Amendments making the Constitutionre inclusive: Amendments making the Constitutionre inclusive: African Americans (13 th, 14 th, 15 th ) African Americans (13 th, 14 th, 15 th ) Women (14 th, 19 th ) Women (14 th, 19 th ) Native Americans (14 th ) Native Americans (14 th )

Popular Sovereignty The people have supreme authority The people have supreme authority the ‘consent of the governed’ the ‘consent of the governed’

Limited Government Government has ONLY the powers given to it by the people Government has ONLY the powers given to it by the people Rule of Law / Constitutionalism: Leaders are never above the law Rule of Law / Constitutionalism: Leaders are never above the law

Separation of Powers Legislative, Executive, and Judiciary powers separated into 3 branches Legislative, Executive, and Judiciary powers separated into 3 branches Compare to Parliamentary system: Parliament is supreme and has both legislative and executive powers Compare to Parliamentary system: Parliament is supreme and has both legislative and executive powers

Checks and Balances Each branch restrained by other branches Each branch restrained by other branches makes compromise necessary makes compromise necessary prevents tyranny of majority prevents tyranny of majority

Judicial Review One of checks and balances One of checks and balances Courts may rule that a law or an action of an executive officer is unconstitutional Courts may rule that a law or an action of an executive officer is unconstitutional Not mentioned in the Constitution Not mentioned in the Constitution

Federalism Power divided b/w national and state governments Power divided b/w national and state governments Powers not granted to the national govt. are reserved to the states Powers not granted to the national govt. are reserved to the states

U.S. Constitution Section Subject Preamble Preamble Article I Article I Article II Article II Article III Article III Article IV Article IV Article V Article V Article VI Article VI Article VII Article VII Purpose Legislative Branch Executive Branch Judicial Branch Relations among Sts. Amending Nt. Debts, supremacy of national law, oaths Ratifying Constitution