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Principles of the Constitution

Principles of the Constitution. Popular Sovereignty. “We the People” The people are “sovereign” All political power comes from the people. Limited Government. The Government is not “all powerful” Gov’t can only do what the people allow it to do

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Principles of the Constitution

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  1. Principles of the Constitution

  2. Popular Sovereignty • “We the People” • The people are “sovereign” • All political power comes from the people

  3. Limited Government • The Government is not “all powerful” • Gov’t can only do what the people allow it to do • Gov’t must obey the Constitution - “rule of law”

  4. Separation of Powers • Power is divided among three branches of government • Executive • Legislative • Judicial

  5. Checks and Balances • Each branch is subject to restraints put upon it by the other two branches. Example: Executive can veto laws passed by the Legislative branch

  6. Judicial Review • Power of the courts to determine if the government is acting in accordance with the Constitution • Power to declare laws / acts of gov’t unconstitutional (Marbury v. Madison)

  7. Federalism The division of power among the national (federal) gov’t in Washington and the state gov’ts.

  8. Federalism(Federalism – levels)

  9. Amending (Changing) the Constitution • Has been changed (amended) 27 times since 1789. (over 5,000 proposed) • The first ten amendments are known as the Bill of Rights

  10. Formal Amending Process • Proposal • 2/3rds of Congress • 2/3rds of States call for a Convention • Ratification • 3/4ths of State Legislatures • 3/4ths of State Conventions • Takes an average of two and a half years

  11. Difficult to Amend Constitution • Pros: • No frivolous changes • Cons: • Difficult to adapt to modern times • Burden falls to Supreme Court (Judicial Review) to determine constitutionality

  12. Informal Amending • Legislation – Congress can add to the “bare bones” of the Constitution • Judiciary Act • Regulate Trade • Elastic Clause • Executive Action – Manner in which Presidents have used their power • War • Agreements with other nations • Bureaucracy

  13. Informal Amending continued • Court Rulings • Brown v Board • Roe v Wade, etc • Party Practices • Electoral – Primaries, Conventions • Appointments • Congressional Leadership • Custom • No 3rd Term – GW

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