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Constitutional Principles. Constitution in Review. Shifted power from states to national government. Created national currency. Built in flexibility, ability to be changed. Belief in republican form of government. Constitution.
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Constitution in Review • Shifted power from states to national government. • Created national currency. • Built in flexibility, ability to be changed. • Belief in republican form of government.
Constitution • Constitutional Convention shared beliefs in basic principles of government • Reflects fundamental values of democratic system. • Popular Sovereignty • Limited Government • Federalism • Separation of Powers • Checks and Balances
Popular Sovereignty • Constitution begins with “We The People”. • Framers made it clear that power & authority comes from the citizens. • Lies at the heart of democracies.
Limited Government • Framers still wanted to protect against tyranny. • Created plan to limit government’s power: • Power is vested in institutions, not people. • National government does not have absolute authority. • “Popular Sovereignty”: people give government power. • Powers of government spelled out in Constitution. • Government must obey laws • “Rule of Law”
Federalism • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” • Amendment 10, of Constitution
Federalism • Def: “the division of power between national & state governments.” • Federal Government: National Powers • State Government: Local Issues. • Federal Powers: • “Elastic Clause” • Article I, Section 8 • Gives Congress flexibility in dealing with the changing needs of the nation. • Listed in the Constitution • Coin money • Regulate trade • Create & maintain armed forces • Conduct foreign policy • Declare war • Establish postal system
Federalism • State Powers: • Any power not given to federal government in Constitution: • Qualifications of voting • Conduct elections • Regulate trade within their borders • Create local government • Establish & maintain schools • Shared Powers: • Powers Constitution doesn’t grant/deny to either: • Levying & collecting taxes • Defining crimes
Federalism • When in doubt, federal government wins! • Supremacy Clause: Constitution and federal government trumps state laws. • Examples: • Legalizing marijuana (1970, 2005) • Abortion (1970’s) • Drinking age of 21 (1984) • Legal limit being .08% (2003) • Drug testing in schools (2005) • Internet betting/internet pornography (2005-2006)
Separation of Powers • Framers limited federal government by dividing power into three branches: • Legislative • Executive • Judicial • System is referred to as separation of powers.
Checks & Balances • Each branch of government has power to control the other two. • Strengthens the separation of power & further limits authority of federal government. • Importance of “Compromise”
Checks & Balances • Checks by the legislature: • Senate approves Cabinet members, federal judges, ambassadors. • Senate approves treaties • Congress can override a presidential veto. • Congress has impeachment powers. • Congress can propose amendments to override judicial efforts.
Checks & Balances • Checks by the executive • Veto power • Call special sessions • Recommend legislation
Checks & Balances • Checks by the judiciary • “Judicial Review” • Power to declare acts of Congress or President as unconstitutional. • Not spelled out in Constitution.
Checks & Balances • Checking the Power of the People: • Limits the power of the people on government. • Voters would elect representatives directly • State legislatures would choose Senators. (17 amendment) • State legislatures would choose electoral college.