Unit 1.4 Constitutional Principles

UNIT 1. PRINCIPLES OF GOVERNMENT  Purposes of the Governmental System  Types of Governmental Systems  Historical Foundations of American Government  Principles of the American Governmental System  Federalism

PRINCIPLES OF THE AMERICAN GOVERNMENTAL SYSTEM  6 Constitutional Principles  Amendments Process

Principles of the American Governmental System Learning Outcomes 1)Explain how constitutions can protect rights and promote the general welfare. 2)Analyze the meaning and importance of values and principles fundamental to democracy in the United States (e.g. representative democracy, rule of law, limited government, majority rule). 3)Explain the freedoms guaranteed by the Bill of Rights and corresponding responsibilities of citizens. 4)Apply the basic principles on which the United States Constitution is based to contemporary situations. 5)(H) Analyze specific current events or issues as illustrations of the principles of democracy 6)Explain how the Constitution ensures the people’s authority over the government.

Pr inciples of the American Governmental System Vocabulary Limited government Majority rule Separation of powers Checks and balances Consent of the governed Republicanism/repre sentative democracy Popular sovereignty Rule of law Equality of opportunity Individual rights and responsibilities Federalism Judicial review Eminent domain Marbury v. Madison

Unit 1.4 Principles of American Gov’t

Principle 1: Popular Sovereignty The people are the source for gov’t power Gov’t governs with the consent of the people Gov’t uses their powers thru popularly elected representatives “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.” - Preamble of US Constitution

Principle 2: Limited Government No gov’t is all powerful Gov’t must obey the law Constitution Rule of Law Gov’t in which its functions and powers are written, limited, and restricted by law to protect the citizenry. 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 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

Principle 3: 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. Remember the ideas of Montesquieu

Principle 4: 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

Principle 4: Checks and Balances Veto – President may reject any act of Congress Override – Congress can overturn or reverse a veto with 2/3 vote of each house.

Principle 5: Judicial Review Can be considered an act of Checks & Balances Power of the court to rule on the constitutionality of a gov’t action. In other words... Are the gov’t’s actions in line with the US Constitution? Established power in Marbury v. Madison by Chief Justice John Marshall

Marbury v. Madison (1803) YOU DO NOT NEED TO KNOW ALL THIS, IT JUST HELPS SET THE STAGE FOR THE SIGNIFICANCE William Marbury brought his case directly to the Supreme Court because the Court had original jurisdiction over the case. He asked the Court to issue a writ of mandamus* to order James Madison to deliver his commission. * An order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. Supreme Court of the United States The Supreme Court of the United States declared that: Marbury is entitled to the commission, but: The Court cannot issue the writ because the Judiciary Act of 1789, which granted the Supreme Court original jurisdiction to issue writs of mandamus, is unconstitutional. The Supreme Court of the United States has the power to review acts of other branches and determine their constitutionality. This power is called judicial review.

Principle 6: Federalism (same as Federal Gov’t/System) System of government in which power is divided/shared between the national government and the state (local) governments Independent states bound together under a national government

WHITE BOARD WARM UP QUESTIONS PLEASE GRAB A WHITE BOARD AND TAKE YOUR SEAT WRITE THE WORD/PHRASE THAT MATCHES THE DEFINITION GIVEN ON YOUR WHITE BOARD

1) Divides power among the 3 branches Popular Sovereignty Limited Government Separation of Powers Checks and Balance Judicial Review Federalism

2) Power is divided or shared between the central government and local/state governments. Popular Sovereignty Limited Government Separation of Powers Checks and Balance Judicial Review Federalism

3) Government governs with the consent of the people. Popular Sovereignty Limited Government Separation of Powers Checks and Balance Judicial Review Federalism

4) Power of the courts to rule on the constitutionality of a government action Popular Sovereignty Limited Government Separation of Powers Checks and Balance Judicial Review Federalism

5) Government’s power is restricted by the law to protect the people. Popular Sovereignty Limited Government Separation of Powers Checks and Balance Judicial Review Federalism

6) Each branch has some oversight or control over another Popular Sovereignty Limited Government Separation of Powers Checks and Balance Judicial Review Federalism

7) Case that established Judicial Review

Cartoon #1 Which constitutional principle is represented in this cartoon? Explain your reasoning.

Cartoon #2 Which constitutional principle is represented in this cartoon? Explain your reasoning.

Cartoon #3 Which constitutional principle is represented in this cartoon? Explain your reasoning.

Cartoon #4 Which constitutional principle is represented in this cartoon? Explain your reasoning.

Warm Up/Review Please complete the following tasks: 1.Hand in your Declaration of Independence Assignment in the bin on the front table (don’t forget the pink form is to be on top). 2.To prepare for next class period’s quiz on the 6 Principles, create Vocabulary Cards for the following terms:  Limited government  Rule of law  Separation of powers  Checks and balances  Popular sovereignty  Federalism  Judicial review  Marbury v. Madison (1803)

Amendment Process There are 2 ways to amend the Constitution.