Chapter 3 Section 1 Mr. Gordon

Goals of the Constitution The Framers stated six goals in the Preamble

Goals of the Constitution Form a more perfect union

Goals of the Constitution Establish justice

Goals of the Constitution Ensure domestic tranquility

Goals of the Constitution Provide for the common defense

Goals of the Constitution Promote the general welfare

Goals of the Constitution Secure the blessings of liberty

Goals of the Constitution Government tasks Raise an army Pay its bills Conduct relations with foreign countries Concerns Some Framers with strong reservations Some completely opposed Worried about strong national government

Governing after a Revolution The Framers were concerned with government suppressing the liberty of its citizens. British legacy Framers fought American Revolution to stop British government from infringing on natural rights Were students of political philosophy and history Achievements and failures of past governments well- known

Governing after a Revolution Examples Greek city-states Roman Empire European monarchies Constitution of the Iroquois League Decisions with long-lasting consequences—no repeat of past mistakes

Addressing the Problem of Governing Dilemma of democratic government Allowing people substantial freedom Controlling worst aspects of human behavior Author of Federalist Paper No. 51 describes dilemma System of law essential

Addressing the Problem of Governing Government obliged “to control itself” Locke, “where there is no law, there is no freedom” Laws help maintain order, protect rights, property, and lives Laws must be enforceable, with explicit threat of punishment Power to make laws and punish lawbreakers Must keep government in check

Principles of Government in the Constitution Framers’ solution Create governing document Divide, distribute, and balance governmental power Uses of power Government power subject to will of the people Power as voters

Principles of Government in the Constitution Bill of Rights Final check on power Inclusion of Bill of Rights in 1791 Restraints Placed specific restraints on power of government Cannot violate basic rights of citizens

The Constitution is the Blueprint 4,500 words Constitution blended ideas from the past with uniquely American principles of governing Three main parts Preamble—states broad goals The seven articles—create structure of the U.S. government The amendments—27 changes added during the nation’s history

The Constitution is the Blueprint Basic principles Structure and language expresses six basic principles — Popular sovereignty — Limited government — Separation of powers — Checks and balances — Judicial review — Federalism Framers believed if federal government reflected and remained true to basic principles, goals of U.S. Constitution could be accomplished.

Popular Sovereignty Government gets its authority from the people Ultimate political power remains with the people Creating a republic established the people’s authority — Citizens did not have unlimited power — Not a direct democracy — Placed constitutional limits on popular sovereignty

Popular Sovereignty James Madison felt republic best way to guard against the dangers of factions — Defined as number of citizens united by common interest — Could be minority or majority — Might act in a way that hurt the rights of other citizens or the interests of the nation Since factions certain to exist, must limit their effects

Popular Sovereignty Republican form of government Elected leaders represent broad and diverse group of citizens with competing interests Tend toward factions with broad interests Not narrowly partisan ones

Popular Sovereignty Popular sovereignty at heart of government Each election is chance for citizens to exercise sovereignty Elected leaders work for you; can vote to “fire” elected officials when you step into voting booth Important power—important responsibility Citizens have obligation to vote wisely; choose leaders after thoughtful deliberation

Limited Government Opposition to control Most Americans opposed too much government control of business or private activities Framers felt limited government promoted goals, protected individual rights

Limited Government Definition Principle that powers and functions of government are restricted Also know as rule of law—concept that every member of society must obey the law; is never above it

Limited Government Part of Constitution Principle of limited government spread throughout List of powers extensive, but powers not listed are excluded Powers are explicitly denied Bill of Rights a safeguard

Limited Government Vigorous civil society Works to constrain government power; part of political process, helping educate and inform the citizenry Holds government accountable when it fails or exceeds power

Separation of Powers Three distinct branches Created to ensure powers of government not concentrated in hands of a few officials or agencies Principle of separation of powers governing duties divided among three branch

Separation of Powers Article I Creates and empowers Congress, the lawmaking body of the nation House of Representatives and Senate; each with special powers House has “power of the purse”

Separation of Powers Article II Establishes duties of the executive branch; the president, the vice-president, and the many executive departments Carries out laws passed by legislative branch

Separation of Powers Article III Establishes the judicial branch, including the Supreme Court Exercises the judicial power of the United States; interprets and applies the law

Checks and Balances Each branch with own area of governmental responsibilities Not completely separate from each other Designed so none can dominate; no branch can control “Common good” maintained—policies and actions that benefit all of society, such as health, safety, and defense programs

Checks and Balances System established Checks and balances—each branch of government has the power to change or cancel acts of another branch System prevents exertion of too much power

Checks and Balances Balance Congress checks executive by controlling taxes and spending Can reject nominations; approve treaties Congress given power to declare war; limits president’s power

Political Oversight

Other branches have checks Executive branch Power to veto, or reject, legislation Threat of veto sometimes sufficient to push revision of legislation so it has better chance of getting signed President can exercise veto power

Other branches have checks Veto limited Congress can override veto with two-thirds majority of both houses If Congress can muster enough votes, the bill passes

Other branches have checks Unconstitutional Judicial branch can declare acts unconstitutional—the power of judicial review Federal judges given lifetime terms; insulated from undue political influence

Other branches have checks Judicial review balanced President has power to make federal judicial nominations Congress has power to approve all federal judicial nominations

Presidential frustrations Famous example of annoyance at Supreme Court in 1930s — President Franklin Roosevelt convinced Congress to pass measures to combat the Great Depression — Court declared some measures to be unconstitutional Roosevelt responded by introducing legislation to reorganize the federal judiciary — Wanted to increase the size of the Court by adding new justice — Result would be larger Supreme Court with favorable majority

Presidential frustrations Critics claimed Roosevelt trying to change balance of power with “court-packing” plan; Senate passed a watered-down plan — Plan never implemented — In second term, Roosevelt able to replace five of the Supreme Court justices; gained a sympathetic majority which upheld New Deal programs, including Social Security

Judicial Review Deciding constitutionality Courts exercise judicial review—power to determine whether actions of legislative and judicial branch are constitutional Any law or government action (federal or state) found to violate a part of the Constitution is said to be unconstitutional; act deemed illegal and cannot be enforced or carried out by the government

Judicial Review Judicial review not mentioned in Constitution Writers of Federalist Papers made it clear courts were to have such power; an independent judiciary would serve as precaution against one branch becoming predominant over the others In 1803 the Supreme Court established the principle of judicial review with the landmark case Marbury v. Madison

Federalism The powers of government are distributed between the national government and state governments—federalism Framers struggled to find acceptable distribution of powers with the rights of states and sufficient national government strength Two clauses spell this out, Article I, Section 8 and Article VI

Federalism Supremacy clause Advocates for states rights found clauses troubling—where was limit to federal power Amendment X addresses issue Powers not delegated are reserved to the states respectively, or to the people

Federalism Flexibility Language allows for strong federal government but guarantees states retain powers and rights Strong federal authority for national defense, disaster response, and highway construction accepted; disagreement with other issues