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The Southern states would have had more electoral votes and Jefferson could have won. Framework of Government. C & E. EQs. How is the Constitution organized? What do the three parts of the Constitution accomplish? What principles of government are contained in the U.S. Constitution?
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The Southern states would have had more electoral votes and Jefferson could have won.
Framework of Government C & E
EQs • How is the Constitution organized? • What do the three parts of the Constitution accomplish? • What principles of government are contained in the U.S. Constitution? • How is power distributed in the U.S. government?
Key Terms • amendment • Bill of Rights • Preamble • expressed powers • reserved powers • concurrent powers • rule of law • separation of powers • checks and balances • popular sovereignty
Defining Framework of Gov’t • Gov’ts authority spelled out in Constitution • 3 branches of gov’t • Legislative branch makes laws • It has expressed powers • Expressed powers • Powers stated clearly in the Constitution • Other powers are implied • Implied powers • The idea that Congress may make laws that are “necessary and proper” to carry out its duties
Defining Framework of Gov’t • The executive branch carries out the laws • Represents the US gov’t to foreign nations • The judicial branch interprets the laws • Decides how they should be carried out in special cases • The NC State Constitution has 3 branches also
From the Declaration to Constitution • Framers • The delegates who wrote the Constitution • Representative gov’t • People of the nation should be the source of power • Popular sovereignty • The idea that the people should rule themselves • Republic – representative democracy • Democracy – we pick the leaders through our voice
Separation of Powers • To prevent abuses of power the Framers gave each branch powers and duties • Why? • To check, or put limits on, the actions of the other 2 branches
Federalism • The nat’l & state gov’ts share some powers • Some powers are only given to the federal gov’t • Other powers are reserved for the states • Roots in Federalist back ground & papers for strong gov’t
Protection of Rights • Safeguarding individual rights is a vital cornerstone of our constitutions • US Constitution has a Bill of Rights
Limiting the Power of Gov’t • Gov’t powers: • Enumerated powers • Reserved powers • Concurrent powers • Implied powers • Enumerated Powers • Clearly identified powers delegated to the fed. gov’t • Found in Article I, Section 8 • Additional powers are in Articles II & III • Treaties w/ foreign gov’ts • Coin money • Est. a post office
Limiting the Power of Gov’t • Reserved powers • 10th Amendment reserves to the states any powers not specifically grated to the fed. gov’t • No powers are named • It states that the fed gov’t may NOT assume additional powers • Concurrent powers • Many powers belong to both the federal & state gov’ts • Shared powers
Limiting the Power of Gov’t • Implied powers • Fed gov’t does have some powers that are not specifically laid out in the Constitution • Basis is in “necessary & proper” clause • Article I, Section 8
Changing Constitutions • Article V outlines how a formal process called amending can be followed to make changes • There are 27 Amendments • Legislation • Laws that expand the Constitutions orig. provisions
Changing Constitutions • Court decisions • When questions come up about the meaning and application of any part of the Constitution Supreme Court can rule on the issue • Judicial review • Custom • You can change the Constitution or just replace the whole thing • The Constitution replaced the Articles
The NC Constitution • NC replaced its 1st constitution in 1868 • 1875, the General Assembly held a convention to add several amendments • NC’s present constitution went into effect in 1971
The US Constitution • Article VI clause 2 calls the Constitution the “the supreme law of the land” • Requires that “the judges in every state shall be bound thereby” • In other words – the state must give way to federal law • McCulloch v. Maryland • Said no state could tax or conflict w/ the National Bank, therefore forcing the federal law above the state
Protecting Individual Rights • The nation added the 13th, 14th, & 15th Amendments to the Constitution to protect the rights of individual Americans of any ancestry or background • Modern Controversies • Federalists • Favor strong central gov’t • Anti-Federalists • Believe each state knows its own people best & thus should have greater power than the Constitution
What is the setting for this cartoon? What do you imagine prompted the speaker to make the statement he did?
The cartoon is set in Washington, D.C., with the U.S. Capitol in the background. Reasons for the speaker’s statement will vary. One possible scenario is that a lawmaker faced with the prospect of an unconstitutional measure responds by reassuring his fellow lawmaker that the Constitution can be changed.