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Bell Work:

Explore the concept of limited government and the Six Basic Principles of the Constitution that lay the foundation for the operation of the US government. Learn about popular sovereignty, separation of powers, checks and balances, judicial review, and federalism. Discover how the Constitution can be changed through basic legislation, executive action, court decisions, party practices, and customs.

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Bell Work:

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  1. Bell Work: • What does the term, “limited government” mean to you?

  2. The Six Basic Principles: 3.1

  3. The Constitution: • Fairly brief document. - (Only about 7,000 words) • Has successfully guided this nation through 200 years of growth and change - Oldest working Constitution • Based mainly on basic principles, unlike many heavily detailed Constitutions of other nations. (ex): Cuba = 15 Chapters, 137 articles

  4. Sets out the basic principles upon which the U.S. government was built and operates today. 1. Lays out the basic framework and procedures of our government. - branches of government - presidential succession 2. Sets the limits on how the government can conduct itself. (ex) – can’t deny a person the right to vote.

  5. Six Basic Principles: • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  6. Popular Sovereignty: • Idea that the government draws its power from the people, and can only exist with the consent of the people. • This principle is woven throughout the constitution. (Preamble) • Found at all levels of government.

  7. Limited Government: • Government is not all-powerful. - the people are the only source of any and all of the government’s authority. - Government must obey the law (constitution). 1.Constitutionalism: Government must be conducted according to constitutional principles 2. Rule of Law: The government and its officers are always subject to – never above – the law.

  8. Why do you think this principle of limited government was important to the framers? Can you give an example of this basic principle?

  9. Separation of Powers: • Recall the 3 powers that all governments have. 1. 2. 3. • In a Presidential form of government, these three basic powers are distributed, and separated among 3 branches of government.

  10. Checks and Balances: • Checks and Balances: Each branch is subject to a number of constitutional checks by the other branches. - ex: legislative branch has the power to make a law, but the president has the power to veto, or reject it.

  11. Why would giving judicial power to the legislative or executive branch be a bad idea?

  12. Judicial Review: • Judicial Review is the power of the courts to determine whether an act by the government is constitutional or legal. • If the courts determine that an act is unconstitutional, then it is considered illegal and becomes null and void. - (ex:) Supreme court is going to review the constitutionality of Obama care.

  13. Obama administration said the legislative branch was using a "quintessential" power -- its constitutional ability to regulate interstate commerce, including the health care industry -- when it passed the overhaul law. said that lawmakers cannot require residents to "enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die."

  14. What do you think?

  15. Federalism: • Simply put, power is shared between the central and state governments. (ex): - power to tax (both) - make war (federal) - issue drivers license (state) • Why do you think this idea was important to the framers?

  16. Bell Work: • What basic principle of the constitution do you feel is the most important? Explain why!

  17. Bell Work: • What do you like and dislike most about this class? Why??

  18. Constitutional Change by Other Means: 3.3

  19. Introduction: • Last section, you learned about how the Constitution can be changed through formal amendments. • Today we will learn the second way in which the Constitution can be changed, often referred to as, informal amendments. Lesson Objectives: • Identify how basic legislation has changed the Constitution. • Describe ways in which executive or judicial action has changed the Constitution. • Analyze the role of party practices and customs in shaping the constitution.

  20. Constitutional Change by Other Means: • Refers to the process by which many changes have been made in the Constitution, which have not involved any changes to its written words. - result of day-to-day/year-to-year experiences of the government. - occur much more quickly than formal amendments.

  21. 5 Basic Ways: • Basic Legislation • Executive (Presidential) Action • Court Decisions • Party Practices • Customs

  22. Basic Legislation: • Congress has been a major agent of constitutional change in two important ways. 1. passed laws to spell out provisions of the Constitution. -ex: Article 3 calls for one supreme court, and such inferior courts as the congress may establish. 2. Congressional Powers - ex: Constitution gives congress the power to regulate trade, but what does that mean?

  23. Executive Action: • The manner in which various Presidents have used their power, has contributed to the growth of the Constitution. - According to the Constitution, only congress can declare war. - However, the President is commander in chief of the nation’s armed forces, and have made war under that authority.

  24. Court Decisions: • As the supreme court rules and interprets the Constitution, it helps to better define the document.

  25. Party Practices: • The nation’s political parties have also been a major source of constitutional change. • Neither the Constitution, or any law provides for the nomination of candidates for president. - yet, from 1830 the major parties have held national conventions to do just that. - Congress is organized and conducts much of its business on the basis of party lines. • The U.S. is in many ways government through party.

  26. Customs: • Unwritten Customs may be as strong as written law, and many customs have developed in our governmental system. • Some examples: - Cabinet: advisory to the President - Presidential Succession -Presidential terms: 2 terms (8 years)

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