THE CONSTITUTION Key Constitutional Principles. Concept 1: Separation of Powers A way of dividing...
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Transcript of THE CONSTITUTION Key Constitutional Principles. Concept 1: Separation of Powers A way of dividing...
THE THE CONSTITUTIONCONSTITUTION
Key Constitutional Principles
Concept 1: Separation of PowersA way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president,
and the federal courts are selected by and responsible to different constituencies.
Concept 2: Checks and Balances
A government structure that gives each of
the three branches of government
some degree of oversight and
control over the actions of the
others
Concept 3: Federalism
System of government in which power is divided between the national government and the state
governments and in which independent states are bound together under one national government
Principles of the Constitution
•Federalism•Why was this feature essential to include?
•How did this lead to the rise of political parties?
•Examples in the Constitution?•How is the amendment process a good example?
The Amendment Process
Proposal
Ratification2/3 of
both Houses of Congress
2/3 call a National Convention
3/4 of State Legislatures
3/4 of State Ratifying Conventions
Constitution Amended
Concept 4: Limited Government
A type of government in which
its functions
and powers are written, limited, and restricted by law to
protect the citizenry.
National Government• May not violate the Bill of Rights • May not impose export taxes among
states • May not use money from the Treasury
without the passage and approval of an appropriations bill
• May not change state boundaries
State Government• May not enter into treaties with other
countries • May not print money • May not tax imports or exports • May not Impair obligations of contracts • May not suspend a person's rights
without due process
Principles of the Constitution
•Limited Government•Examples in the Constitution?
•Habeas corpus•No Bill of Attainder•No ex post facto law•Trial by jury in criminal cases•Full Faith & Credit clause•No religious test for office•Extradition
Concept 5: Popular Sovereignty
Idea that the people have ultimate authority over our government.
• Voting• Campaigning• Running for office• Canvassing• Petitioning the government
Principles of the Constitution
•Popular Sovereignty•Examples in the Constitution?
•House
•Examples of limits & mistrust?•Restrictions on electorate•Senate•Electoral College•Amendment Process
Concept 6: Judicial Review
The power of the national judiciary to declare whether laws and actions are in violation of the Constitution.
Power is implied through the Court’s power to interpret the laws.
vs.
Principles of the Constitution
•Judicial Review•Origins? Politics?•How does this “Flow” with the Framers’ intentions?
•How does it aid democracy?•How is this a limitation of democracy?
Principles of the Constitution
•Why include these Principles?•Aristotelian view: Gov’t
should improve human nature by cultivating virtue.
•Madisonian view: This type of Gov’t too strong & dangerous…self-interest must prevail with limits.
Cartoon #1Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #2Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #3Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #4Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?