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Purpose of the U.S. Constitution

Purpose of the U.S. Constitution. May, 1787-September, 1787 & TODAY!. I—Establish Legitimacy. Establish new governments right to rule

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Purpose of the U.S. Constitution

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  1. Purpose of the U.S. Constitution May, 1787-September, 1787 & TODAY!

  2. I—Establish Legitimacy • Establish new governments right to rule • Had to meet the standards set forth in the Declaration of Independence (which listed why the British government was illegitimate so we needed to establish why ours is legitimate) • Contract between those who “rule” with those who are being “ruled”

  3. II—Create Appropriate Structures • Committed to the principles of representative democracy • States retain some legitimacy to rule within their borders • To achieve this the framers created Congress (Legislative Branch), the presidency (Executive Branch), & the judiciary (Judicial Branch) to share the power • Created a system of division of powers between national government and state government = FEDERALISM

  4. IIa—Checks and Balances Checks & Balances prevents one branch from dominating the others • Checks on the EB by the LB • Congress can override veto’s by 2/3 vote; • Congress approves funding for Presidential programs; • Congress can impeach and remove the President or other high officials; • Senate confirms/rejects federal appointments • Checks on the JB by the LB • Congress establishes the lower courts; • Senate confirms/rejects appointments of judges; • Congress can impeach/remove federal judges; • Checks on the LB by the EB • Can veto bills of Congress; • call special sessions of Congress; • can influence public opinion; • can propose legislation • Checks on the EB by the JB • Appointments are for life and federal judges are free from presidential control; • can declare presidential actions unconstitutional; • Checks on the LB by the JB • Can decide the meaning of laws; • can declare acts of Congress unconstitutional (judicial review) • Checks on the JB by the EB • Appoints federal judges; • pardon/reprieve people convicted of federal crimes;

  5. III—Describe & Distribute Power • The powers of each branch and the states are listed in Articles 1-4 • Lays outs duties and responsibilities of each branch of government

  6. IV—Limit Government Powers • Framers enumerated functions that are delegated to the national government and so cannot be directed by the states • Vice-versa

  7. V—Allow for Change • Make sure the government endured by changing with the times but did not want the system to be able to make so many changes that it would be unstable • The ability for the Constitution to change has made it the oldest constitution in the world • How many times has the Constitution been changed? What are these changes called?

  8. Preamble • We the people of the United States… (used to show that the people create and run this government) • To form a more perfect union • Establish justice • Insure domestic tranquility • Provide for the common defense • Secure the blessings of liberty to ourselves and our posterity

  9. Ratification • The US Constitution was ratified (of course, without the Bill of Rights) in June, 1788 • 12 Amendments were proposed to the state legislature for ratification that protected individual liberties by the federal government • By December, 1791 10 were ratified by the required ¾ of the states • One of the missing two not ratified was finally ratified in 1992 as the 27th Amendment (Congressional pay raises)

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