PREAMBLE PURPOSE: Establish that this is what the Framers wanted the national government to accomplish. 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. WE THE PEOPLE - SELF GOVERNMENT, NOT RULE BY A KING 1- Form a more perfect union (create a strong relationship between the states and federal government - federalism) 2- Establish justice (make and enforce laws that are reasonable / fair or create a fair legal system) 3- Ensure domestic tranquility (maintain peace/order within the US) 4- Provide for the common defense (defend the US against enemies) 5- Promote the general welfare (help support people's well being) 6- Secure the blessings of liberty (make sure that freedom and liberty is around today and for our descendants)
VIDEOS School House Rock - Constitution Preamble: http://www.youtube.com/watch?v=0EfnNUt_nwY Preamble (Principles of the Constitution Series)(9:40) https://www.youtube.com/watch?v=0NVVjIriFeE Crash Course (The Constitution, the Articles, and Federalism) (13:03) https://www.youtube.com/watch?v=bO7FQsCcbD8&t=129s
6 Key Constitutional Principles THE CONSTITUTION 6 Key Constitutional Principles
Freedom v Security John Locke James Madison, 1788 “where there is no Law, there is no Freedom” James Madison, 1788 If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable government to control the governed; and in the next instant oblige it to control itself.” How can a government provide freedom and control bad human behavior?
Concept 1: Separation of Powers A way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to different constituencies.
Concept 2: Checks and Balances A government structure that gives each of the three branches of government some degree of oversight and control over the actions of the others. Each branch has the power to check or restrain the other two branches. Congress: Control Taxes and Spending Reject president Approve Presidential Nominations Declare War
Concept 3: Federalism System of government in which power is divided and shared between the national government and the state governments and in which independent states are bound together under one national government How much power should the national and state governments have? How do we give the national government more power without diminishing the states?
Power to the National Government Necessary and Proper Clause or Elastic Clause (Article I, Section 8) Congress has the power to “make all laws…necessary and proper for carrying into execution the foregoing powers.” Supremacy Clause (Article VI) U.S. laws and the Constitution are “the supreme law of the land”
Concept 4: Limited Government National Government May not violate the Bill of Rights May not impose export taxes among states May not use money from the Treasury without the passage and approval of an appropriations bill May not change state boundaries A type of government in which its functions and powers are limited and restricted by law to protect individual rights. State Government May not enter into treaties with other countries May not print money May not tax imports or exports May not Impair obligations of contracts May not suspend a person's rights without due process
Concept 5: Popular Sovereignty The concept that government gets its authority from the people. People have the ultimate power Government rules with the consent of the people.
Concept 6: Judicial Review The Judiciary has the power to strike down laws and other government actions. Constitutional or Unconstitutional Marbury v Madison 1803
Cartoon #1 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #2 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #3 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #4 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #5 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?