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Published byChristian Carter Modified over 8 years ago
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Street Law
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Analyze the five ideas that underlie the Constitution.
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The Constitution was ratified in 1789 after the Articles of Confederation failed to unite the country following the Revolution. The Articles were too weak, there was a need for a stronger central government. The Constitution immediately divided our Founding Fathers into Federalists & Anti-Federalists. In order to allay the fears of the Anti-Federalists, the Founding Fathers added the Bill of Rights, which are the first 10 amendments to the Constitution.
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American Constitution Limited government Separation of powers Checks & Balances Judicial Review Federalism
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Definition:Added Info: Examples: Magna Carta of 1215: Rid the King of much of his arbitrary power. Image: Limited Government The national government has the authority to pass laws only in areas specifically listed in Article I of the Constitution. An important concept to the Founding Fathers since they just fought a revolution against a King and a strong central government.
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Definition: The division of governmental power amongst three branches of government. Added Info: Meant to diffuse government’s power so that a tyrannical government is nearly impossible. Examples: Legislative Branch creates law Executive Branch executes & enforces the law Judicial Branch interprets the law Image: Separation of Powers
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Definition: The three branches of government are independent but each has the power to restrain the other branches in the system. Added Info: The system is designed to help stop any one branch of government from becoming too powerful. It helps the separation of powers function. Examples: The Legislative Branch can impeach the President. The Executive Branch can veto bills from the legislative. The Judicial Branch can rule a law unconstitutional. Image: Checks & Balances
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Judicial Review Definition: Enables the court to declare a law unconstitutional and thus unenforceable. Added Info: They do this under two circumstances; 1.If the gov’t has passed a law which the Constitution does not give it the power to, or 2.If the gov’t has passed a law that violates someone’s rights. Examples: Brown vs. The Board of Education (1954) Homer vs. Plessy (1896) Marbury vs. Madison (1803) Image:
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Federalism Definition: The division of power between the state and central government. Added Info: This principle is meant to curb the power of the central government. Examples: States and the Federal government have different sets of laws, example: Some states, including California, have legalized marijuana, But the federal government still considers it illegal. Image:
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