The Constitution

Political Dictionary Popular sovereignty Limited government Constitutionalism/ Unconsitutionalism Rule of law Separation of powers Checks and balances Veto Judicial review Federalism

It is the nation’s fundamental law Sets out basic principles “Supreme law of the land” Determines who wins and loses in political arena Strength is that it deals mainly with principles Seven articles (original), 27 amendments

Popular sovereignty- the people are the only source of any and all governmental power. This principle is throughout Constitution. Government exercises through popularly lead elections.

POPULAR SOVEREIGNTY

Limited government- holds that no government is all powerful. May only do the things the people have given it power to do Constitutionalism- government must be conducted according to constitutional principles. Rule of law-government are always subject and never above the law.

LIMITED GOVERNMENT

Much of Constitution has prohibitions of power Guarantees freedom of expression Great guarantees-of freedom of religion, of speech, of the press, of assembly and of petition 1 st Amendment “Congress shall make no law…”

SEPERATION OF POWERS

Separation of Powers – Three basic powers are distributed-separated-among three distinct and independent branches of government. Article I declares all legislative power to Congress Article II declares executive power in a President Article III declares all judicial power to the Supreme Court Framers wanted a strong central government with the power to be limited

PEARSON’S CHECKS AND BALANCES

CHECKS AND BALANCES

Checks and Balances 3 Separate Branches President Legislative Judicial Each has constitutional constraints

Congress can make laws President can veto laws Congress can override veto with 2/3 in each house Congress can refuse to fund a presidential request Senate not approve a treaty or appointment

President can name all federal judges Must be approved by the Senate Courts determine constitutionality Presidents can be impeached Andrew Johnson (1868) Bill Clinton (1998) Both were acquitted

Judicial Review- The power of the court to determine the constitutionality of a governmental action Judicial Review- power held by all Federal courts Established in Maybury v Madison 1803 Unconstitutional- To declare illegal, null and void, of no force and affect a governmental action found to violate the Constitution

Federalism- The division of power among a central government and several regional governments Needed to establish strong central government while preserving States concept of local government. Colonists rebelled against harsh distant rule

FEDERALISM

Framers made division of power as as a compromise Framers to the concept That government power poses a threat to individual liberty Therefore the exercise of governmental power must be restrained and That to divide governmental power, as federalism does, is to curb it and prevent its abuse

How do the first three articles differ from the other four articles?

The first three articles are the only ones that deal specifically with the organization of the federal government

In what three branches are the powers of the federal government separated?

The executive, legislative, judicial

Give a brief summary of the checks and balances in place for each of the three branches.

Judicial- may declare a law or presidential action unconstitutional Executive- appoints judges, may veto a law, may call a special session of congress Legislative- may override the veto, may impeach a president or a judge, approve treaties and appointments of federal judges

Explain the concept of rule of law

The government and its officers are always subject to the law.

Why would the concept have been important to the Framers?

The Framers wanted to avoid absolute rule similar to that exercised by the British government on the colonists

What might happen if there were no rule of law?

Government would have unlimited power. It could act arbitrarily and for its own interest.

Explain the concept of Judicial review

Power of the judicial branch to declare acts of congress and president unconstitutional

How was the power formally established?

Although intended by the Framers the concept was firmly established by Maybury v Madison 1803