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The Constitution http://library.csun.edu/Find_Resources/Government_Publications/200px-Constitution.jpg
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Major Principles The Constitution includes several key principles that were the Framers’ solution to the complex problems of a representative government. There are nine major principles.
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#1 Popular Sovereignty It means “the authority of the people.” The people consent to be governed and specify the powers and rules by which they are governed. This is the power of the people over the government.
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#2 Republicanism We have a republican system. People elect representatives and give them the responsibility to make laws and conduct government. It is a system of limited government.
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#3 Limited Government The framers wanted a government that had some power, but they feared misuse of power. They created a government that was limited from using its power to give one group a special advantage. The framers gave the government a list of specific powers.
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#4 Federalism Federalism is a government in which power is divided between the federal government and the states. It does give states some power and the federal government some power. There are different types of government powers.
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#4 Federalism Types of government powers: –Federal Powers: powers of the federal government. There are two types: Enumerated (Expressed) powers: certain powers that are given only to the federal government. This are listed in the Constitution. Implied powers: certain powers that the federal government may have that are implied in the Constitution and not directly stated. –Reserved powers: certain powers that are reserved solely to the states. –Concurrent (Shared) powers: these are powers that both the federal government and the states both have.
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Different Types of Powers http://edusolution.com/myclassroom/classnotes/images/federalism.jpg
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#5 Separation of Powers To prevent any single group or institution in government from gaining too much authority, the Framers divided the federal government into three branches: –Legislative Branch: law-making branch, Congress… –Executive Branch: law-enforcing branch, President, Vice President… –Judicial Branch: law-interpreting branch, Supreme Court, courts…
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Separation of Powers http://www.socialstudieshelp.com/Images/ChksBalnces.gif
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#6 Checks and Balances This system was established to keep each branch of the government in check so no branch gets to powerful. Each branch has power to check or balance the other two branches and vice versa.
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#7 Individual Rights The Bill of Rights was a major addition to the Constitution and served the purpose of protecting the rights of the people. The Bill of Rights includes the first ten amendments to the Constitution.
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#8 Rule of Law The framers of the Constitution wanted to make sure that no one was able to act above the law, not even the president. The safeguards in the Constitution prevent any person or group to be treated as if the law did not apply to them.
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#9 Democracy We live in a representative democracy. The people have the power and elect representatives to work on their behalf. The majority make decisions, but the minority is represented.
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Three Branches of Government Going by the principle of separation of powers, the framers set up three branches of government. These are the legislative, executive, and judicial branches of government.
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Three Branches of Government http://bensguide.gpo.gov/images/icons/branches.jpg
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Legislative Branch This is the law-making branch of government. It is made up of a House of Representative and a Senate. They represent the people of each state. They vote on issues and pass laws. They can declare war, coin and borrow money, approve treaties, amend the Constitution by a 2/3 vote in both houses and approval by ¾ states, they can tax, they can regulate commerce, and they confirm presidential appointments.
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Executive Branch This is the law-enforcing branch of government. It includes the President, the Vice President, the President’s cabinet, and the bureaucracy. It can enforce laws, make treaties, command armed forces, represent the nation to the rest of the world, and lead the nation.
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Judicial Branch This is the law-interpreting branch of government. It includes the Supreme Court and the federal court system. It can interpret laws, settle disputes between states, and here cases involving the Constitution, federal laws and treaties, and disputes in the states.
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Interpretations: Strict: Reads everything literally (word for word); not flexible; harsh- set in stone; limits power of the government Loose/Broad: Looks at what it says and what it implies; flexible; adapts; expands power of the government
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Interpretations of the Constitution -We are influenced by customs (traditions that may or may not be in the Constitution like political parties), court decisions (courts interpret the Constitution and determine what it means), presidential actions (presidents read into the Constitution to determine what powers they have), and congressional actions (Congress reads into the Constitution to determine what powers they have)
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Flexibility of the Constitution The Constitution is flexible It can change with the times We read into it differently at different times A loose or broad interpretation really allows it to change (looking at implied powers) It is general- not too specific The necessary and proper clause leaves it open-ended and open to interpretation
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