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The Basic Principles of the Constitution

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Title: The Basic Principles of the Constitution


1
The Basic Principles of the Constitution
2
Constitution
  • constitution (lower case) a document that
    establishes the principles, structure, and laws
    of a government
  • Constitution (upper case) the supreme law of
    the United States

3
Popular Sovereignty
The power of the government lies in the hands of
the people
4
We the People . . .do ordain and establish this
Constitution.
  • These words are contained in the Constitutions
    Preamble and give expression to the doctrine of
    popular sovereignty, or rule by the people.
  • The Constitutions Framers crafted a governing
    document, which they submitted for popular
    ratification, based on the conception that
    ultimate political authority resides not in the
    government or in any single government official,
    but rather, in the people.

5
Representation
  • We, the People have responsibility for our
    government, but under our representative
    democracy, we delegate the day-to-day governing
    powers to a body of elected representatives.
    However, this delegation of powers in no way
    diminishes the peoples rights and
    responsibilities as the supreme sovereign. The
    governments legitimacy remains dependent on the
    governed, who retain the inalienable right to
    alter or abolish their government or amend their
    Constitution

6
Limited Government
  • The power of the government is limited by the
    people and by the Constitution
  • The Rule of Law - both individuals and the
    government must submit to the law's supremacy

7
Rule of Law
  • The Framers considered the rule of law essential
    to the safekeeping of social order and civil
    liberties. The rule of law holds that if our
    relationships with each other and with the state
    are governed by a set of rules, rather than by a
    group of individuals, we are less likely to fall
    victim to authoritarian rule.
  • The rule of law calls for both individuals and
    the government to submit to the law's supremacy.
    By precluding both the individual and the state
    from transcending the supreme law of the land,
    the Framers constructed another protective layer
    over individual rights and liberties.

8
Federalism
The division of power between the national and
state governments
NATIONAL 
BOTH 
STATE 
9
National
Exclusive Powers 
10
State (and Local)
Reserved Powers 
11
Both
ConcurrentPowers
12
Separation of Powers
Power in government is separated between three
branches
13
Three Separate Branches
  • By distributing the essential business of
    government among three separate but
    interdependent branches, the Constitutional
    Framers ensured that the principal powers of the
    government (legislative, executive and judicial)
    were not concentrated in the hands of any single
    branch.
  • Allocating governmental authority among three
    separate branches also prevented the formation of
    too strong a national government capable of
    overpowering the individual state governments.

14
Overlapping Powers
  • Governmental powers and responsibilities
    intentionally overlap. For example, congressional
    authority to enact laws can be checked by an
    executive veto, which in turn can be overridden
    by a two-thirds majority vote in both houses.
  • The President serves as commander-in-chief, but
    only the Congress has the authority to raise and
    support an army, and to declare war.

15
  • The President has the power to appoint all
    federal judges, ambassadors, and other high
    government officials, but all appointments must
    be affirmed by the Senate.
  • The Supreme Court has final authority to strike
    down both legislative and presidential acts as
    unconstitutional.
  • This balancing of power is intended to ensure
    that no one branch grows too powerful and
    dominates the national government.

16
Checks and Balances
Each branch can check the other branches, so that
one branch doesnt become too powerful
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