CHECKS AND BALANCES

Constitutionalism Americans believe that the Constitution is the supreme law of the land Having a constitution does not guarantee that a country practices “constitutionalism” Latin America -- Many gov’ts. Ignore their nation’s constituition -- Some nations’ constitutions neither protect rights of citizens nor limit gov’t.

Constitutionalism Cont. U.S. Constitution acts as a contract between gov’t. and citizens Based on fundamental principles Establishes powers & responsibilities of gov’t. Outlines rights and duties of citizens

Limited Gov’t. Constitution clearly state what our gov’t. may and may not do Bill of Rights

Rule of Law Article IV States that the Constitution, laws, and treaties of the U.S. are the highest laws of the land Constitutional Supremacy – Constitution and national laws are superior to state constitutions and state laws. Rule of Law – Gov’t. shall be carried according to established law, and both those who govern and those who are governed will be equally bound by this law.  Vital to success of democracy and domestic peace

Popular Sovereignty Limits the power of government Gov’t. gets authority to govern from the people (the governed) Gov’t. functions only with the consent of the governed Principle is outlined in the Preamble “We the people... Do ordain and establish this Constitution for the United States of America.”

Separation of Powers Power of gov’t. is spread out among the three branches: Many democratic systems concentrate the power of gov’t. in the legislative branch

Separation of Powers Cont. Article I gives Congress the power to make laws Article II gives the executive branch the power to enforce and administer these laws Article III gives the judicial branch the power to interpret the laws and apply their provisions in court cases

Checks and Balances Each branch of gov’t. has the ability to check the power of the other two. EXAMPLES Congress’ power to make laws is checked by the President who can veto those laws. (executive checking power of Congress) Congress can override a presidential veto with a 2/3 vote (checking the power of the executive)

Checks and Balances Cont. Supreme Court can strike down laws passed by Congress & signed by the Pres. (checking the power of Congress & the President) President appoints members of federal courts including the Supreme Court ( ) The Senate must approve Presidential appointments to the courts ( )