Street Law
Analyze the five ideas that underlie the Constitution.
The Constitution was ratified in 1789 after the Articles of Confederation failed to unite the country following the Revolution. The Articles were too weak, there was a need for a stronger central government. The Constitution immediately divided our Founding Fathers into Federalists & Anti-Federalists. In order to allay the fears of the Anti-Federalists, the Founding Fathers added the Bill of Rights, which are the first 10 amendments to the Constitution.
American Constitution Limited government Separation of powers Checks & Balances Judicial Review Federalism
Definition:Added Info: Examples: Magna Carta of 1215: Rid the King of much of his arbitrary power. Image: Limited Government The national government has the authority to pass laws only in areas specifically listed in Article I of the Constitution. An important concept to the Founding Fathers since they just fought a revolution against a King and a strong central government.
Definition: The division of governmental power amongst three branches of government. Added Info: Meant to diffuse government’s power so that a tyrannical government is nearly impossible. Examples: Legislative Branch creates law Executive Branch executes & enforces the law Judicial Branch interprets the law Image: Separation of Powers
Definition: The three branches of government are independent but each has the power to restrain the other branches in the system. Added Info: The system is designed to help stop any one branch of government from becoming too powerful. It helps the separation of powers function. Examples: The Legislative Branch can impeach the President. The Executive Branch can veto bills from the legislative. The Judicial Branch can rule a law unconstitutional. Image: Checks & Balances
Judicial Review Definition: Enables the court to declare a law unconstitutional and thus unenforceable. Added Info: They do this under two circumstances; 1.If the gov’t has passed a law which the Constitution does not give it the power to, or 2.If the gov’t has passed a law that violates someone’s rights. Examples: Brown vs. The Board of Education (1954) Homer vs. Plessy (1896) Marbury vs. Madison (1803) Image:
Federalism Definition: The division of power between the state and central government. Added Info: This principle is meant to curb the power of the central government. Examples: States and the Federal government have different sets of laws, example: Some states, including California, have legalized marijuana, But the federal government still considers it illegal. Image: