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CONSTITUTIONAL PRINCIPLES
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6 Keys Principles Popular Sovereignty Limited Government
Separation of Powers Checks and Balances Judicial Review Federalism
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Popular Sovereignty Power rests with the people
People create government Government of the people, by the people, and for the people
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Limited Government The Rule of Law: Constitutionalism:
No one is above the law Constitutionalism: The Constitution is the highest law in the land
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Separation of Powers Legislative Executive Judicial
Congress (House of Reps & Senate) Executive The President Judicial The Courts
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Checks and Balances Congress makes the laws but Presidents may veto laws passed by Congress. Presidents may veto laws but Congress may over-ride a veto by a 2/3’s vote of both Houses. The Courts may find a law passed by Congress and signed by the President UNCONSTITUTIONAL.
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Judicial Review The power of the Courts to determine Constitutionality
Written by John Marshall Marbury vs. Madison Marshall
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Federalism The sharing of power between the states and the Federal Government With the Federal government supreme
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Powers Granted Under Federalism
Delegated Powers – Those powers given directly to the Federal Government Concurrent Powers – Those powers that are shared by both the States and the Federal Government Reserved Powers – Those powers given to the States Implied Powers – Powers not listed in the Constitution but claimed by the Federal Government
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Division of Powers Federal Shared States Declare War Tax
Grant Marriage Licenses Issue currency Create laws Grant Teaching Licenses Make Treaties w/ Foreign Nations Borrow Money Create Local Governments Maintain Armies / Navies Establish Courts Provide for Schools / Universities Regulate Trade Make Arrests Negotiate Peace Treaties
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Amending the Constitution
Method #1 (used 26 times) Proposed by 2/3’s vote of Congress Ratified by ¾’s of the States Method #2 (used 1 time for 21st Amendment) Ratified by State Convention in ¾’s of the States
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