The Principles of the United States Constitution

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The Principles of the United States
Constitution
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• PO 1. Describe how the following philosophies
  and documents influenced the creation of the
  Constitution
• Magna Carta
• English Bill of Rights
• Montesquieus separation of power
• John Lockes theories natural law, social
  contract
• Mayflower Compact
• Declaration of Independence
• Articles of Confederation

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• Concept 2 Structure of Government
• PO 1. Describe the following principles on which
  the Constitution (as the Supreme Law of the Land)
  was founded
• federalism (i.e., enumerated, reserved, and
  concurrent powers)
• popular sovereignty
• Separation of Powers
• checks and balances
• limited government
• flexibility (i.e., Elastic Clause, amendment
  process)

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• PO 2. Differentiate the roles and powers of the
  three branches of the federal government.

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Early Influences

• Magna Carta 1215, the English King is given
  limited power. He could not raise taxes without
  approval of the Great Council and he had to obey
  the law.
• English Bill of Rights Sets out the rights of
  citizens and certain constitutional requirements
  where the actions of the Crown require the
  consent of the governed as represented in
  Parliament.
  

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Basis for our Government

• Montesquieus separation of powers - legislative,
  the executive, and the judiciary. These should be
  separate from and dependent upon each other so
  that the influence of any one power would not be
  able to exceed that of the other two, either
  singly or in combination.
• John Lockes theories - advocated governmental
  checks and balances and believed that revolution
  is not only a right but an obligation in some
  circumstances.

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Development in America

• Mayflower Compact Pilgrims agree to consult
  each other about laws and to work together for
  success of the colony
• Declaration of Independence Created a new
  nation, separate from England
• Articles of Confederation Created a weak
  national government because states had final
  authority
• Shays Rebellion Showed the flaws in the
  Articles of Confederation

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I. Popular Sovereignty

• The people hold the ultimate authority
• A representative democracy lets the people elect
  leaders to make decisions for them.
• John McCain and Jon Kyl are our elected officials
  in the Senate. We have 8 representatives in the
  House!

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II. Limited Government

• Framers wanted to guard against tyranny
• Government is limited to the power given them in
  the Constitution.
• The Constitution tells how leaders who overstep
  their power can be removed

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III. Federalism

• The division of power between State and National
  Governments
• Some powers are shared
• The National Government has the supreme power

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Powers of the Government

• Enumerated - a list of specific responsibilities
  which state the authority granted to the United
  States Congress.
• Reserved 10th Amendment limits the authority of
  government to the powers stated in the
  Constitution. All other power is reserved for the
  states and the people.
• Concurrent Shared powers (collect taxes, borrow
  money, maintain courts, make laws, provide for
  the welfare of the people)

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IV. Separation of Powers

• No one holds too much power
• Legislative branch makes the laws
• Executive branch carries out the laws
• Judicial branch interprets the laws

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Legislative Branch

• Senate and House of Representatives
• Make our laws
• Regulate Immigration
• Establish Post Offices and Roads

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Powers of the Legislative Branch

• Coining money.
• Maintaining a military.
• Declaring war on other countries.
• Regulating interstate and foreign commerce

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Executive Branch

• The President of the United States
• Chief Executive
• Chief of State
• Chief Legislator
• Commander in Chief

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Powers of the Executive Branch

• Power to manage national affairs and the workings
  of the federal government
• Commander-in-chief of the armed forces
• Can veto any bill passed by Congress and, unless
  two-thirds of the members of each house vote to
  override the veto, the bill does not become law.
• Nominates federal judges, including members of
  the Supreme Court

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Judicial Branch

• Supreme Court and other Federal Courts
• Preserve and protect the rights guaranteed by the
  Constitution
• Considers cases involving national laws
• Declares laws and acts unconstitutional

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Powers of the Judicial Branch

• The power given to courts to interpret the law is
  called jurisdiction.
• The jurisdiction granted to the judicial branch
  is limited to federal and constitutional laws.
• The Supreme Court decides arguments about the
  meaning of laws, how they are applied, and
  whether they break the rules of the Constitution.
  A court's authority to decide constitutionality
  is called judicial review.

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V. Checks and Balances

• Prevents the abuse of power in government
• Each branch can check each other branch

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Executive Checks

• Propose laws to Congress
• Veto laws made by Congress
• Negotiate foreign treaties
• Appoint federal judges
• Grant pardons to federal offenders

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Legislative Checks

• Override presidents veto
• Ratify treaties
• Confirm executive appointments
• Impeach federal officers and judges
• Create and dissolve lower federal courts

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Judicial Checks

• Declare executive acts unconstitutional
• Declare laws unconstitutional
• Declare acts of Congress unconstitutional
• The Supreme Court holds the final check

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A Living Document

• Flexibility
• Elastic Clause - a statement in the U.S.
  Constitution granting Congress the power to pass
  all laws necessary and proper for carrying out
  the enumerated list of powers (Article I, Section
  8 ).
• Amendments (additions or changes) - The
  Constitution of the United States may be amended
  when two thirds of each house of Congress
  approves a proposed amendment and three fourths
  of the states thereafter ratify it.