Chapter 3 Section 1

1. Chapter 3 Section 1 Mr. Plude

3. Checks and Balances

4. Goals of the Constitution • Six goals in the Preamble • -form a more perfect union-establish justice-ensure domestic tranquility-provide for the common defense-promote the general welfare-secure the blessings of liberty

5. Goals of the Constitution Government tasks • -Raise an army • -Pay its bills • -Conduct relations with foreign countries

6. Goals of the Constitution Concerns • Some Framers with strong reservations • Some completely opposed • Worried about strong national government

8. Governing after a Revolution • The Framers were concerned with government suppressing the liberty of its citizens.

9. Governing after a Revolution British legacy • Framers fought American Revolution to stop British government from infringing on natural rights • Were students of political philosophy and history • Achievements and failures of past governments well-known

10. Governing after a Revolution Examples • Greek city-states • Roman Empire • European monarchies

11. Addressing the Problem of Governing Dilemma of democratic government • Allowing people substantial freedom • Controlling worst aspects of human behavior • Author of Federalist Paper No. 51 describes dilemma • System of law essential

12. Addressing the Problem of Governing Government obliged “to control itself” • Locke, “where there is no law, there is no freedom” • Laws help maintain order, protect rights, property, and lives • Laws must be enforceable, with explicit threat of punishment • Power to make laws and punish lawbreakers • Must keep government in check

13. CONSTITUTIONAL Principles of Government Framers’ solution • Create governing document • Divide, distribute, and balance governmental power Bill of Rights • Final check on power • Inclusion of Bill of Rights in 1791

14. CONSTITUTIONAL Principles of Government Uses of power • Government power subject to will of the people • Power as voters Restraints • Placed specific restraints on power of government • Cannot violate basic rights of citizens

15. The Constitution is the Blueprint • Three main parts • 1) Preamble—states broad goals • 2) The seven articles—create structure of the U.S. government • 3) The amendments—27 changes added during the nation’s history

19. The Constitution is the Blueprint Basic principles • Structure and language expresses six basic principles — Popular sovereignty — Limited government — Separation of powers — Checks and balances — Judicial review — Federalism

21. Popular Sovereignty • Government gets its authority from the people • Ultimate political power remains with the people • Creating a republic established the people’s authority — Citizens did not have unlimited power — Not a direct democracy — Placed constitutional limits on popular sovereignty

22. Popular Sovereignty • James Madison felt republic best way to guard against the dangers of factions — Defined as number of citizens united by common interest — Could be minority or majority — Might act in a way that hurt the rights of other citizens or the interests of the nation • Since factions certain to exist, must limit their effects

24. Popular Sovereignty Republican form of government • Elected leaders represent broad and diverse group of citizens with competing interests • Tends toward factions with broad interests • Not narrowly partisan ones

26. Popular Sovereignty Popular sovereignty at heart of government • Each election is chance for citizens to exercise sovereignty • Elected leaders work for you; can vote to “fire” elected officials when you step into voting booth • Important power—important responsibility • Citizens have obligation to vote wisely; choose leaders after thoughtful deliberation

27. Limited Government Opposition to control • Most Americans opposed too much government control of business or private activities • Framers felt limited government promoted goals, protected individual rights

29. Limited Government Definition • Principle that powers and functions of government are restricted • Also know as rule of law—concept that every member of society must obey the law; is never above it.

30. Limited Government Part of Constitution • Principle of limited government spread throughout • List of powers extensive, but powers not listed are excluded • Powers are explicitly denied • Bill of Rights a safeguard

31. Limited Government Vigorous civil society • Works to constrain government power; part of political process, helping educate and inform the citizenry • Holds government accountable when it fails or exceeds power

33. Separation of Powers Three distinct branches • Created to ensure powers of government not concentrated in hands of a few officials or agencies • Principle of separation of powersgoverning duties divided among three branch

35. Separation of Powers Article I • Creates and empowers Congress, the lawmaking body of the nation • House of Representatives and Senate; each with special powers • House has “power of the purse”

37. Separation of Powers Article II • Establishes duties of the executive branch; the president, the vice-president, and the many executive departments • Carries out laws passed by legislative branch

39. Separation of Powers Article III • Establishes the judicial branch, including the Supreme Court • Exercises the judicial power of the United States; interprets and applies the law

42. Checks and Balances • Each branch with own area of governmental responsibilities • Not completely separate from each other • Designed so none can dominate; no branch can control • “Common good” maintained—policies and actions that benefit all of society, such as health, safety, and defense programs

43. Checks and Balances System established • Checks and balances—each branch of government has the power to change or cancel acts of another branch • System prevents exertion of too much power

45. Checks and Balances Balance • Congress checks executive by controlling taxes and spending • Can reject nominations; approve treaties • Congress given power to declare war; limits president’s power

46. Other branches have checks Executive branch • Power to veto, or reject, legislation • Threat of veto sometimes sufficient to push revision of legislation so it has better chance of getting signed • President can exercise veto power

47. Other branches have checks Veto limited • Congress can override veto with two-thirds majority of both houses • If Congress can muster enough votes, the bill passes

48. Other branches have checks Unconstitutional • Judicial branch can declare acts unconstitutional—the power of judicial review • Federal judges given lifetime terms; insulated from undue political influence

50. Other branches have checks Judicial review balanced • President has power to make federal judicial nominations • Congress (Senate) has power to approve all federal judicial nominations