1. Principles of the Constitution

2. 6 principles of the Constitution
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism

3. Popular Sovereignty
The belief that the legitimacy of the state (nation) is created by the will or consent of its people, who are the source of all political power.
Government has no power
unless “We the People”
give it to them.

4. Popular Sovereignty
It is closely associated to the Enlightenment philosophers, among whom are Thomas Hobbes, John Locke and Jean-Jacques Rousseau.
A little rebellion now and then...is a medicine necessary for the sound health of government.
Thomas Jefferson, Letter to James Madison, rd president of US ( )
How can we rebel against our government?

5. How do we rebel against the government?
Voting
Referendum- Voting to remove an old or non-useful laws.
Initiative- Voting to create new laws or programs.
Recall- Voting to remove political officials.( state level only)

6. Example- Popular Sovereignty
The United States has 27 amendments.
Amendments must be voted by all states.
If ¾ of the states vote for the amendment, it becomes a part of the Bill of Rights.
Amendment 26-
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

7. Popular Sovereignty The doctrine of popular sovereignty was used to
decide the slavery issue
in new territories. The
people that lived in the territories (not Congress)
would decide whether or not to allow slavery in the
individual territories.
Was it a good idea to allow the people decide the fate of
slavery or should Congress decide?

8. Quotes supporting Popular Sovereignty

9. Limited Government This is the basis of Rule-of-Law
The Declaration of Independence stated the concept of limited government.
Governments derive "their just powers from the consent of the governed"
The few and limited powers of the United States government
are enumerated and defined in the people's fundamental law—
the Constitution, as amended.
This is the basis of Rule-of-Law

10. Rule of Law is the principle that no one is above the law
Rule of Law is the principle that no one is above the law. The most important application is that the government CANNOT arbitrarily created laws without the peoples knowledge.
The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule.

11. Example of Rule of Law

12. Quotes supporting Rule of Law

13. Separation of power There are 3 separate branches: Legislative
Executive
Judicial
This way, no one branch can gain absolute power or abuse the power they are given.

14. Separation of power
This chart shows the separation of powers in the United States.

15. The Legislative Branch
The Senate
The House of
Representatives
Congress
Powers found in Article I
of The Constitution
Makes the laws

16. Powers found in Article II
The Executive Branch
Carries out the laws
Powers found in Article II
of The Constitution
President
Vice President
The Cabinet
The Bureaucracy

17. Powers found in Article III
The Judicial Branch
Interprets the laws
Powers found in Article III
of The Constitution

18. Quotes that support Separation of power

19. Checks and balances
Checks and balances guarantees that no part of the government becomes too powerful.
Legislative Branch- makes the federal laws.
Executive Branch- Vetos and enforces federal laws.
Judicial Branch- Checks laws for constitutionality.

20. Checks and balances

21. Quotes supporting Checks and balances

22. Judicial review
The doctrine under which legislative and executive actions are subject to review, and possible invalidation, by the courts.
Does the Constitution give the Supreme Court the power to invalidate the actions of other branches of Government?

23. Marbury vs. Madison

24. Quotes supporting Judicial Review

25. Federalism
The American system of government in which the powers of government are divided between the national government, which governs the whole nation, and the state governments which govern the people of each state.

26. Federalism The 10th Amendment to the Constitution
allows for the doctrine of Federalism
"The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people."
Should the states have more power to govern its citizens than
the federal government, why or why not?

27. Example of Federalism

28. Quotes supporting Federalism

29. The Purposes of Government- The Preamble
Show video

30. Purposes of Government
Outlined in the Preamble of the United States Constitution, it was the Founding Fathers' intent to have the federal government perform six fundamental functions.

31. The first part of the Constitution is called the Preamble.
It tells what our founding fathers set out to do
We the people 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.

32. Form a more perfect union
Initially the states were not united.
Becoming unified allowed the United States to have strength and solidarity.
By having a Constitution.

33. The Constitution- May 14,1787

34. Establish Justice
Justice means that laws will be widely accepted, and that the law must be fair, unbiased, and logical.
While these standards have not always been met within this nation, the American people wish to strive for such ideals.

35. Example of establishing justice
Civil War- Although the main reason for the war was NOT to stop slavery, it did become a divisive issue. In the end the U.S. ended slavery in America.
The Civil Rights Movement- Changed the governments views and laws protecting minorities in America.
Title IX- This allowed for equality among men and women in athletics. Examples- Equal sports in schools, College Scholarships, Athletic teams

36. What do you think are the challenges of establishing justice in America?
Class discussion...

37. Common Defense
Provide a military to defend its citizens and territories against the enemies of the state.

38. Secure the blessings of liberty
The American nation was built around the ideals of individual freedom and liberty, however, the Founding Fathers also came to the realization that certain boundaries must be set forth in order to ensure that such liberties would not breach those of other citizens'.

39. Give a little…Get a lot.
Taxes…
Schools…

40. What else do you get when you give up some of your liberties?
Class discussion…

41. Promote the General Welfare
The role of the government to provide the American people with services and regulations that are for the public good.

42. Examples of the government providing for the general welfare
Health regulations
Food regulations
Clean air and water
Public education
Consumer protection
Police and fire protection

43. Services provided by the government

44. Insure Domestic Tranquility
The government must provide order in society and allow for domestic peace.

45. How do they provide order in society and allow for domestic peace?

46. Checking your Knowledge

47. Which branch of government is mainly responsible for
passing laws, approving budgets, and approving appointments
of officials?
Which branch of the national government is the U.S. Congress
in?
The Supreme Court hears important legal cases, and
has the power of "judicial review."  That means the Supreme
Court has the power to declare a law ____________. 
Which branch of government is mainly responsible executing
the laws, preparing budgets, administering government
agencies, and appointing officials?

48. Which branch of the national government is the president
the head of?
Which Supreme Court case declared abortion is illegal?
Someone who follows the Constitution word for word and
does not interpret what it is meant say is known as
a _______________________________
What does “rule of law” mean?
What is meant by domestic tranquility?
The Preamble includes the phrases “establish justice”
and “secure the blessings of liberty. ” The Pledge of
Allegiance contains the words, “with liberty and justice for all.”
What do the terms liberty and justice mean to you?

49. Powers of the Government

50. Powers of Government Federal Powers State Powers
Express– These powers are also called expressed or enumerated powers.
They are directly granted to the federal government by the Constitution in Article I,
Section 8.
Reserved – powers that are neither granted to the federal government nor expressly forbidden to the states and are therefore retained by the states or by the people. 10th Amendment.
Shared –
powers held
by both the
federal and
state
governments.

51. Express Powers

52. State Powers

53. Shared Powers

54. Implied Powers (Elastic Clause)
These powers are considered “necessary and proper” (article 1, Section 8)
The Congress shall have Power [...] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
This gives Congress powers that can be reasonably inferred from the brief wording of its expressed powers.
What is an example of a necessary and proper law?

55. Denied Powers
Also…

56. prisoner before the court.
Habeas Corpus
Bills of Attainder
Ex post facto laws
A court order
commanding an
officer holding a
prisoner bring the
prisoner before the court.
The officer must show good cause in order to hold the prisoner
longer.
Inflicting punishment
without a court trial.
Remember a person
is due a speedy and
public trial.
Punishing
someone for
an act before
the act was
ruled a crime
Which of the Bill of Rights reflect these denied powers of government?

57. Denied Powers Suspension of habeas corpus Bills of Attainder
Ex post facto laws

58. Reserved Powers are given to the states
Licensing of individuals
Marriage and divorce laws ( sometimes)
School
Liquor laws

59. Supremacy Clause
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
= THIS MEANS FEDERAL LAWS SUPERCEDED STATE LAWS.
When have we seen in current times this has not been the case?
Or it seems to be.

60. Reserved Powers Powers given to the states, among these are: Licensing
Marriage and divorce laws
Drinking age
Set up public school systems
What are some other powers states have that the
Federal government does not?

61. Supremacy Clause
Supremacy Clause- Article VI, Section 2 of the Constitution,
establishes two principles. The federal government is superior
over all state and local governments. It also establishes the
Constitution as the “supreme law of the land,” making it
superior over all levels of government in the United States.