Transcript The Principles of the United States Constitution

The Principles of the
United States Constitution
 PO 1. Describe how the following
philosophies and documents influenced the
creation of the Constitution:
 Magna Carta
 English Bill of Rights
 Montesquieu’s separation of power
 John Locke’s theories – natural law, social
contract
 Mayflower Compact
 Declaration of Independence
 Articles of Confederation –
 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)
 PO 2. Differentiate the roles and powers of
the three branches of the federal
government.
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.
Basis for our Government
 Montesquieu’s 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 Locke’s theories - advocated
governmental checks and balances and
believed that revolution is not only a right
but an obligation in some circumstances.
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
 Shay’s Rebellion – Showed the flaws in the
Articles of Confederation
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!
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
III. Federalism
 The division of power between State and
National Governments
 Some powers are shared
 The National Government has the “supreme
power”
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)
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
Legislative Branch
 Senate and House of Representatives
 Make our laws
 Regulate Immigration
 Establish Post Offices and Roads
Powers of the Legislative Branch
 Coining money.
 Maintaining a military.
 Declaring war on other countries.
 Regulating interstate and foreign commerce
Executive Branch
 The President of the United States
 Chief Executive
 Chief of State
 Chief Legislator
 Commander in Chief
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
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”
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.
V. Checks and Balances
 Prevents the abuse of power in government
 Each branch can check each other branch
Executive Checks
 Propose laws to Congress
 Veto laws made by Congress
 Negotiate foreign treaties
 Appoint federal judges
 Grant pardons to federal offenders
Legislative Checks
 Override president’s veto
 Ratify treaties
 Confirm executive appointments
 Impeach federal officers and judges
 Create and dissolve lower federal courts
Judicial Checks
 Declare executive acts unconstitutional
 Declare laws unconstitutional
 Declare acts of Congress unconstitutional
 The Supreme Court holds the final check
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.