Transcript Basic Principles of the Constitution

Basic Principles of the
Constitution
Reasons for the success of
the Constitution
• is both simple and complex
• is clear and definite in principle
as well as being flexible and
open to interpretation
Preamble
• describes the principle of
American government:
-supreme power rests with the
people
-known as popular sovereignty
The authors of the United
States Constitution took a
dim view of human nature.
They looked with skepticism at
the people’s ability to govern
themselves.
“If men were angels,
there would be no need
of government at all.”
- James Madison
“[Democracy is] the worst
of all political evils.”
- Elbridge Gerry
“The people have ever been
and ever will be unfit to
retain the exercise of power
in their own hands.”
- William Livingston
Concerns of the
constitutional convention
• too much democracy could
lead to chaos
- needed to be checked
Solution for avoiding chaos:
have a republican form of
government
What is a republican
government?
• also known as representative
democracy
• the people elect representatives
to “speak for them”
• power is loaned to those elected
• was a compromise
federalism
• system of government where
power and authority are
constitutionally divided and
shared by a national
government
and
state
governments
national supremacy
• state governments must accept
that the national government is
above them
• state governments may not pass
laws or act in any way that goes
against the Constitution
delegated powers
• specific powers allowed the
central government by the
constitution
powers delegated to the
central government
• levy and collect taxes
• coin money
• regulate trade
• declare war
• establish a post office
• admit new states
• govern territories
implied powers
• powers which may reasonably
be inferred from the delegated
powers as belonging to the
national government
Where in the Constitution is the
source of the government’s
implied powers?
• Article 1, Section 8
Congress shall have the power “to
make all laws which shall be
necessary and proper for carrying
into execution the foregoing
[delegated] powers . . . .”
“It was impossible to confine a
government to the exercise of
expressed powers; . . . there
must necessarily be admitted
powers by implication, unless
the Constitution is forced to list
every trivial detail.”
- James Madison
reserved powers
• powers not given to the United
States by the Constitution
which are reserved to the
states or to the people
concurrent powers
• powers which are exercised
simultaneously by both the
national and state governments
separation of powers
• major functions of government
are divided into three distinct
parts
• protects human freedoms by
preventing the abuse of power
“Give all power to the many,
and they will oppress the few.
Give all power to the few,
and they will oppress the
many.”
- Alexander Hamilton
What are the three branches
of United States government?
• legislative
• executive
• judicial
What is the function of each
of the three branches of the
United States government?
• legislative - to make laws
• executive - to carry-out laws
• judicial - to interpret laws
(Constitutional
and national laws)
checks and balances
• a system whereby each branch of
government exercises a check
upon the actions of the others
What is a veto?
It is when a president rejects
a bill passed by Congress.
Can Congress still pass a law
without presidential approval?
Congress can override a veto
by a two-thirds vote of its
members.
“In framing a government which
is to be administered by men
over men, the great difficulty lies
in this: you must first enable the
government to control the
governed; and in the next place
oblige it to control itself.”
- James Madison