M AJOR G OALS OF T HE F RAMERS OF THE C ONSTITUTION Table 2.1 © 2009 McGraw-Hill Higher Education. All rights reserved. 1

P ROVIDING A STRONG C ENTRAL G OVT. BUT ALSO L IMITED G OVERNMENT 2 S ECTION 4-7 Rule of Law The Framers believed the government should be strong but not too strong. The Constitution sets limits & establishes rule of law by stating what government may and may not do. This means that the law applies to everyone, even those who govern.

P ROVIDING A STRONG C ENTRAL G OVT. BUT ALSO L IMITED G OVERNMENT Grants and denials of power Grants: Enumerated or expressed powers are powers the Constitution specifically grants to the national government. Limit government by stating specific powers in the Constitution Total of seventeen powers Denials: Powers not given to the national government are reserved powers kept by the states. Limit government by stating specific prohibitions in the Constitution either forthe state or complete denied 3 © 2009 McGraw-Hill Higher Education. All rights reserved.

S EPARATION OF P OWERS C ONSTITUENCY Legislative House of Reps directly to the people Senate Directly to the people after the 17 th amendment Judicial Chosen by the President Approved by the Senate Executive Electoral College People State legislature selects electors Protecting a strong Central Govt. but also Limited Government

S EPARATION OF P OWERS P OWER -R ESPONSIBILITIES Legislative Law Makers Congress House of Reps Senate Judicial Law- interpreters Supreme Court Federal Courts State Courts Executive Law- Enforcers Presidents –V.P. –Cabinet

S EPARATION OF P OWERS T ERM L ENGTH Legislative House of Reps 2 yrs Senate 6 yrs Judicial Life Ability to impeach if necessary Executive President –4 yrs –2 term limit 22 nd Amendment

N OT THREATEN THE EXISTENCE OF SEPARATE STATES : THROUGH FEDERALISM Sharing Power 7 © 2009 McGraw-Hill Higher Education. All rights reserved. Under federalism, power is shared by the national government and the states. Americans must obey the laws of both. Powers that both levels of government can exercise are concurrent powers. When national and state laws conflict, the Constitution is the final authority.

P ROTECTING L IBERTY : L IMITED G OVERNMENT Bill of Rights First ten amendments to Constitution Protects rights of citizens, such as: Freedom of speech Trial by jury of peers and legal counsel Freedom of religion Limits power of government Ability to change the Constitution 8 © 2009 McGraw-Hill Higher Education. All rights reserved.

Attempted Over 300 Times…… NEVER BEEN USED Over 10,000 Ideas have Been proposed This way AMENDING THE CONSTITUTION S TEP 1: P ROPOSAL OR By a 2/3 vote of both Houses of Congress Hold a Constitutional the request of 2/3’s of the State Legislatures

Only used to Repeal the 21 st Amendment: Prohibition S TEP 2: R ATIFICATION (C ONGRESS CHOOSES THE METHOD OF RATIFICATION ) OR By a ¾ of all state legislatures Hold a State Ratifying Conventions: need ¾ vote to ratify

P ROTECTING L IBERTY : C HECKS AND B ALANCES Sharing Power Shared institutions  checks & balances Shared legislative powers: Congress checked by the President, Supreme Court Shared executive powers: President checked by Congress, Supreme Court Shared judicial powers: Courts checked by the President, Congress 11 © 2009 McGraw-Hill Higher Education. All rights reserved.

P ROTECTING L IBERTY : L IMITED G OVERNMENT Judicial Review Courts determine if governmental institution is acting within its constitutional powers Established by Chief Justice John Marshall in Marbury v. Madison (1803) 12 © 2009 McGraw-Hill Higher Education. All rights reserved.

P ROVIDING FOR S ELF - G OVERNMENT Democracy versus republic People rule, either directly or through elected representatives Majority rule is limited to protect minority rights Limited popular rule People participate indirectly in process of government through election of officials Indirect election of president and (initially) Senators Federal judiciary appointed, not elected 13 © 2009 McGraw-Hill Higher Education. All rights reserved.