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Government Chapter 3:The U.S. Constitution

Government Chapter 3:The U.S. Constitution. Section 1: Basic Principles. Objectives. What are the basic principles on which the U.S. Constitution is based? How does the Constitution ensure the people’s authority over the government?

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Government Chapter 3:The U.S. Constitution

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  1. Government Chapter 3:The U.S. Constitution Section 1: Basic Principles

  2. Objectives • What are the basic principles on which the U.S. Constitution is based? • How does the Constitution ensure the people’s authority over the government? • How does the Constitution provide for a system of balanced government? • In what way does the Constitution protect the rights of the states?

  3. The Constitution sets forth the powers that the citizens of the United States grant to the federal government.

  4. Five Principles • Popular Sovereignty • Limited government • Separation of powers • Checks and balances • Federalism

  5. 1. Popular Sovereignty • The Government’s authority comes from the people. • Example: “We the People of the United States…do ordain [order] and establish this Constitution for the United States of America.” • The people themselves who have given the Constitution its authority to create the U.S. government.

  6. 2. Limited Government • The Constitution limits government by establishing guidelines for how the government may act.

  7. 3. Separation of Powers • Makes sure that no one branch has too much power.

  8. Article I • Congress makes the nation’s laws • Each chamber has its own special powers • Legislation to fund the government must begin in the House of Representatives. • Only the Senate can approve presidential appointments and treaties with foreign countries.

  9. Article II • Establishes the duties of the executive branch, which is made up of the president, vice president, and various executive departments.

  10. Article III • Sets out the role of the judicial branch of government. • The Constituion establishes a Supreme Court as the nation’s highest court and give Congress the authority to establish courts below the Supreme Court.

  11. 4. Checks and Balances • Prevents the concentration and abuse of power by giving each branch of government the authority to check, or restrain, the powers of the other two branches.

  12. Checks and balances divides power within the government.

  13. Executive and Legislative Checks • If Congress does not consider the wishes of the president when it writes legislation, the president may veto, or reject, that legislation. • Congress is able to override a veto if at least two thirds of the members in both houses of Congress vote to do so.

  14. “Power of the Purse” • Only Congress can approve spending by the federal government.

  15. The Senate can reject and presidential appointments to top government jobs. • International treaties negotiated by the president do not become law unless approved by a two-thirds vote in the Senate.

  16. Judicial Review • Federal Judges are nominated by the president and must be approved by the Senate. • Federal courts can check the powers of the legislative and executive branches through judicial review. • Judicial Review – the power of the courts to decide if laws and other government actions are valid under the U.S. Constitution.

  17. A law or government action that is found to violate any part of the Constitution is said to be unconstitutional.

  18. Marbury v. Madison 1803 • Legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court's opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.

  19. Federalism • Protect the rights of the States. • Federal System • Powers are divided among national, state, and local governments.

  20. The Constitution specifically prohibits states from exercising certain powers that belong to the national government, such as negotiating treaties, coining money, keeping troops or warships during peacetime, or engaging in war, unless the state is facing imminent danger or invasion.

  21. Article VI of the Constitution • The power of the national government is superior to that of state governments. • “Supremacy Clause” • Declares that the Constitution – together with U.S. laws passed under the Constitution and treaties made by the national government- is the supreme law of the land.

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