3.1 Notes: The six basic principles

1. 3.1 Notes: The six basic principles BY: Kailah Gordon, Terrell Cheathem, Zane Ouellette, Colton Beaty

2. History of the constitution • The Constitution was written in 1787 but didn’t take effect until 1789 • Although it is over 200 years old, it still remains an important and relevant document in our country. • The Constitution is often called “the supreme Law of the Land” because it is the highest form of law in the U.S.

3. OUTLINE OF THE CONSTITUTION • The Constitution lays out the structure of our government and sets the limits within which the government can conduct itself. • The Constitution has been able to guide our nation for over 2 centuries because it sticks to basic principles and isn’t riddled with complex laws and provisions. • It begins with an intro known as The Preamble and is divided into seven sections called articles.

4. OUTLINE OF THE CONSTITUTION • The first 3 articles focus on the 3 branches of Government dealing with Congress, the presidency, and the court system. • Each of these articles deal with policies concerning each branch such as organization, powers, and how members of each are chosen.

5. Outline of the constitution • The Fourth Article deals with the States’ placement and their relationship with both the National Government and each other. • Article V explains how new amendments may be added to the Constitution. • Article VI announces that the Constitution is the supreme law of the nation. • The Seventh Article deals with the ratification of the Constitution.

6. The six basic principles • POPULAR SOVEREIGNTY • LIMITED GOVERNMENT • SEPARATION OF POWERS • CHECKS AND BALANCES • JUDICIAL REVIEW • FEDERALISM

7. Popular sovereignty • Popular Sovereignty is the concept that in the U.S. all political power rests with people. The only way the Government can govern is with the consent of the governed. • It is such an important concept because it is one of the leading themes in the Declaration of Independence. • The Government draws power from the people who have given them this power through the Constitution.

8. Limited government • This is the principle that says no government should be all-powerful and that a government can only do the things that the people have given them the power to do. • Limited Government is also called constitutionalism because the government must obey the law and must conduct itself according to constitutional principles. • This concept is also known as the “rule of the law” which states that government officers and officials are always subject to the law. • For the most part, The Constitution is a statement of limited government because it reads as a prohibition of certain government authorities.

9. Separation of Powers • In a Presidential System, the judicial, executive, and legislative powers are split up into three branches. • In the U.S. the executive branch is the President, Congress is the legislative branch, and the courts represent the judicial branch. • Article I of the Constitution lays out the powers of the legislative branch such as lawmaking. • Article II of the Constitution lays out the powers of the executive branch such as law-enforcing. • Article III of the Constitution lays out the powers of the judicial branch such as interpreting the law.

10. Checks and balances • Each branch isn’t entirely independent of each other because they are woven together with a system of checks and balances. • This is the concept that states that each branch is subject to a set of restraints from the other two branches. • Checks such as Congress has the power to make law but the President can veto any act of Congress or the Senate can decide not to approve a treaty made by the President. • The purpose of checks and balances is to prevent an unjust majority.

11. Judicial review • Judicial review is a principle of checks and balances that is used by the courts to determine whether a government actions abide by the Constitution. • Judicial review gives power to federal and state courts to deem something unconstitutional meaning it is illegal or null and void or violates a rule in the Constitution. • Judicial Review was established in 1803 in the case of Marbury v. Madison

12. federalism • Federalism is the principle of the division of power among one central government and multiple regional governments. • The American Government is a federalist system because the National Government holds some power sand the other powers are held by 50 states. • The Framers of the Constitution chose this system because America had rebelled against the severe rule of a central government and didn’t wish to be ruled by another so they compromised with splitting up the centralized governmental powers between the states.