Transcript The Principles of the United States Constitution

The United States Constitution
A framework for democracy
The Constitution
• The final product of the Constitutional
Convention and a series of compromises
made therein, the United States Constitution
provides a template for the structure of our
democratic nation.
The Constitution
Three Important Compromises
• Great Compromise
• 3/5th’s Compromise
• Presidential/Executive Compromise
(See the Constitutional Convention powerpoint for more
information. WOW - the amazing logic and creativity of
Mr. Johnston’s brain! Scary!! <shivers>
The Constitution
Our Constitution was influenced by such
events as the:
– The tyranny of King George III
– The failure of the Articles of Confederation
– The philosophy of John Locke
The Constitution
An overview
The first three articles of the Constitution
established the three branches of our government
Preamble
Article I
Legislative Branch
Article II
Executive Branch
Article III
Judicial Branch
The Constitution
Preamble – Introduction to the Constitution,
it explains the reasoning behind the creation
of the document and the overall goal of the
founders
“We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defense, promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States of
America.”
The Constitution
Article I: Legislative Branch
Who? Senate and House of Representatives
• Make our laws
• Appropriate Money
• Regulate Immigration
• Establish Post Offices and Roads
• Regulate Interstate Commerce and
Transportation
• Declare War
The Constitution
Congress divided:
House of Representatives
Senate
The Constitution
Article II: Executive Branch
Who?  The President of the United States
• Chief Executive
• Chief of State
• Chief Legislator
• Commander in Chief
The Constitution
Article III: Judicial Branch
Who?  Supreme Court and Federal Courts
• Preserve and protect the rights guaranteed by the
Constitution
• Considers cases involving national laws, settles
disputes between the States
• Interprets the Constitution
• Declares laws and acts “unconstitutional”
The Constitution
Six Central Principals of the Constitution
• Federalism - National Central Government and State
Government
• Popular Sovereignty - Representative government
• Limited Government - Prevents tyranny
• Separation of Powers - Limiting power by spreading it
across all three of the branches
• Checks and Balances - Limiting power by dividing it
against itself
• Judicial Review – Determining the constitutionality of
government actions.
The Constitution
The Concept of: Federalism
• The division of power between State and
National Governments
• The National Government has the
“supreme power”
• Ideally the federal system offers the
advantage of national unity while
allowing the states a measure of freedom
to handle their own affairs
The Constitution
Constitution – Federal Government
• There are powers granted to the Federal
government
– impose taxes (income tax)
– declare war (Congress)
• There are restrictions on the Federal government
– no ex post facto laws
– no duties (taxes) on State exports
The Constitution
Federal Powers
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Taxes
Commerce
Patents
Post Office
Judiciary
War
Armies/Navy
• Capital
• Powers needed to carry
out the aforementioned
The Constitution
Constitution – State Governments
• There are powers granted to state
governments
– determine when Representatives elected
– powers not prohibited and not delegated to
Federal
• There are restrictions on state governments
– can't enter into treaties
– can’t grant nobility
The Constitution
The Concept of: Popular Sovereignty
• The people hold the ultimate authority
• A representative democracy lets the people
elect leaders to make decisions for them.
• Bob Casey Jr. (D) and Pat Toomey (R) are
our elected officials in the Senate.
The Constitution
The Concept of: Limited Government
• Framers wanted to guard against tyranny
• Government is limited to the power given
them in the Constitution.
• The Constitution tells how leaders who
overstep their power can be removed
The Constitution
The Concept of: Separation of Powers
• No one holds “too much” power
• Legislative branch makes the laws
• Executive branch carries out the laws
• Judicial branch interprets the laws
The Constitution
The Concept of: Checks and Balances
• Prevents the abuse of power in government
by spreading the power across the three
branches
• Each branch can check each of the other
branches
The Constitution
The Concept of: Judicial Review
• The power to determine that acts of
government are “constitutional” or
“unconstitutional”.
• Not defined in the Constitution but the
Framers’ intended for the Federal Courts
and State Courts to have this power.
• In 1803, Marbury v. Madison established
that the Federal Courts could determine the
Constitutionality of Federal and State laws.
The Constitution
Executive Checks
• Propose laws to Congress
• Veto laws made by Congress
• Negotiate foreign treaties
• Appoint federal judges
• Grant pardons to federal offenders
The Constitution
Legislative Checks
• Override president’s veto
• Ratify treaties
• Confirm executive appointments
• Impeach federal officers and judges
• Create and dissolve lower federal courts
The Constitution
Judicial Checks
• Declare executive acts unconstitutional
• Declare laws unconstitutional
• Declare acts of Congress unconstitutional
• The Supreme Court holds the final check
The Constitution
Flexibility in the Constitution
The Constitution is a flexible document
meaning that it can be changed. Flexibility is
important because the document needs to be
able to change to meet the times.
– The Amendment Process
– The Necessary and Proper Clause (aka the Elastic
Clause)