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Principles Underlying the Constitution

Principles Underlying the Constitution. Designing for the Plan of Government. Be representative of the people Should be divided among different levels rather than in a single authority. Popular Sovereignty Rule of Law Separation of Powers Checks and Balances Federalism.

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Principles Underlying the Constitution

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  1. Principles Underlying the Constitution

  2. Designing for the Plan of Government • Be representative of the people • Should be divided among different levels rather than in a single authority

  3. Popular Sovereignty • Rule of Law • Separation of Powers • Checks and Balances • Federalism Designing for the Plan of Government To achieve this, these 5 fundamentals put in place

  4. Popular Sovereignty • The notion that the power of government comes from the people • Declaration of Independence expressed strong support for Popular sovereignty • “Power comes from the consent of the governed.”

  5. Popular Sovereignty • In the Preamble “We the people…do ordain and establish this Constitution of the United States of America.” Speaks to whom Constitutional power is given.

  6. Ensuring Popular Sovereignty • The Right to vote • The Electoral college • Elected officials accountable to the people • Elections are regularly scheduled

  7. Rule of Law • The notion that the law applies to everyone, including those in office. • Article I states what the government may and may not do.

  8. Rule of Law • Transparency – laws and regulations applied must be readily accessible and easily understood

  9. Rule of Law • Predictability – laws and regulations must be applied in a logical and consistent manner

  10. Rule of Law • Stability – the state’s logic for law must be cohesive over time, establishing consistent application throughout government

  11. Rule of Law • Enforceability/Account-ability –ensure that the law will be upheld and applied equally to government as well as private individuals and entities;

  12. Rule of Law • Due Process – when disputes inevitably arise, they must be resolved in a fair, transparent, and pre-determined process.

  13. Separation of Powers • The notion that the authority executive, judicial and legislative branches are split and separate.

  14. Separation of Powers • Framers divided the government into 3 separate functions • Executive Branch • Legislative Branch • Judicial Branch 3-4A

  15. Separation of Powers • Framers were influenced by the French Philosopher Baron Montesquieu • Believed the best way to protect liberties was to separate the functions of Government

  16. System of Checks & Balances • A system where each branch of government is able to check or restrain the powers of the others.

  17. System of Checks & Balances • President can veto a law proposed by Congress • Congress can block Presidential appointments and treaties, Control spending, remove the president from office • The Supreme Court can declare laws passed or executive policies unconstitutional

  18. Federalism • Power shared by the National government and the States

  19. Federalism Enumerated Concurrent Reserved Powers Powers Powers

  20. Enumerated Powers.Powers given to the Federal Government 1. Pass all Laws necessary and proper 2. Regulate trade with other countries and among the States. 3. Conduct foreign affairs 4. Raise and support a military 5.Coin & print money 6. Establish a postal system 7. Govern U.S. territories, admit new states, regulate immigration. Article I Section 8 • The Congress shall have Power To lay and collect Taxes, Duties, Imports and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Also known as Expressed or Delegated powers

  21. Reserved Powers. Powers Given to State Governments • Provide for Public safety, health & welfare of the state • Regulate trade and commerce with the borders of the state • Establish local governments • Conduct elections and make qualifications 5. Provide for public schools • 10th Amendment • "The powers not delegated to the United States by the Consti- tution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

  22. Concurrent PowersPowers shared by the Federal and State Governments • Enforce Laws • Establish courts • Collect taxes • Borrow Money • Provide for the general welfare • The only explicit mention of concurrent power in the Constitution occurred in the ill-fated 18th Amendment which provided that "the Congress and the several States shall have concurrent power to enforce this article."

  23. Supremacy Clause of the Constitution Article VI This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…

  24. Supremacy Clause of the Constitution • Under the Supremacy Clause, everyone must follow federal law in the face of conflicting state law. • A state statute is void to the extent that it actually conflicts with a valid federal statute.

  25. Supremacy Clause of the Constitution • In the same instance, the federal government cannot act in violation of either. • Jefferson Admired the Constitution- “I am persuaded no Constitution was ever before so well calculated as ours…for self-government.”

  26. Review • Why do you think the Framers thought the Supremacy Clause was necessary? • How are the principals of Checks & Balances and separation of Powers related?

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