1. Chapter 3 Section 1
Mr. Plude

3. Checks and Balances

4. Goals of the Constitution
Six goals in the Preamble
-form a more perfect union -establish justice -ensure domestic tranquility -provide for the common defense -promote the general welfare -secure the blessings of liberty

5. Goals of the Constitution
Government tasks
-Raise an army
-Pay its bills
-Conduct relations with foreign countries

6. Goals of the Constitution
Concerns
Some Framers with strong reservations
Some completely opposed
Worried about strong national government

8. Governing after a Revolution
The Framers were concerned with government suppressing the liberty of its citizens.

9. Governing after a Revolution
British legacy
Framers fought American Revolution to stop British government from infringing on natural rights
Were students of political philosophy and history
Achievements and failures of past governments well-known

10. Governing after a Revolution
Examples
Greek city-states
Roman Empire
European monarchies

11. Addressing the Problem of Governing
Dilemma of democratic government
Allowing people substantial freedom
Controlling worst aspects of human behavior
Author of Federalist Paper No. 51 describes dilemma
System of law essential

12. Addressing the Problem of Governing
Government obliged “to control itself”
Locke, “where there is no law, there is no freedom”
Laws help maintain order, protect rights, property, and lives
Laws must be enforceable, with explicit threat of punishment
Power to make laws and punish lawbreakers
Must keep government in check

13. CONSTITUTIONAL Principles of Government
Framers’ solution
Create governing document
Divide, distribute, and balance governmental power
Bill of Rights
Final check on power
Inclusion of Bill of Rights in 1791

14. CONSTITUTIONAL Principles of Government
Uses of power
Government power subject to will of the people
Power as voters
Restraints
Placed specific restraints on power of government
Cannot violate basic rights of citizens

15. The Constitution is the Blueprint
Three main parts
1) Preamble—states broad goals
2) The seven articles—create structure of the U.S. government
3) The amendments—27 changes added during the nation’s history

19. The Constitution is the Blueprint
Basic principles
Structure and language expresses six basic principles
— Popular sovereignty
— Limited government
— Separation of powers
— Checks and balances
— Judicial review
— Federalism

21. Popular Sovereignty Government gets its authority from the people
Ultimate political power remains with the people
Creating a republic established the people’s authority
— Citizens did not have unlimited power
— Not a direct democracy
— Placed constitutional limits on popular sovereignty

22. Popular Sovereignty
James Madison felt republic best way to guard against the dangers of factions
— Defined as number of citizens united by common interest
— Could be minority or majority
— Might act in a way that hurt the rights of other citizens or the interests of the nation
Since factions certain to exist, must limit their effects

24. Popular Sovereignty Republican form of government
Elected leaders represent broad and diverse group of citizens with competing interests
Tends toward factions with broad interests
Not narrowly partisan ones

26. Popular Sovereignty Popular sovereignty at heart of government
Each election is chance for citizens to exercise sovereignty
Elected leaders work for you; can vote to “fire” elected officials when you step into voting booth
Important power—important responsibility
Citizens have obligation to vote wisely; choose leaders after thoughtful deliberation

27. Limited Government Opposition to control
Most Americans opposed too much government control of business or private activities
Framers felt limited government promoted goals, protected individual rights

29. Limited Government Definition
Principle that powers and functions of government are restricted
Also know as rule of law—concept that every member of society must obey the law; is never above it.

30. Limited Government Part of Constitution
Principle of limited government spread throughout
List of powers extensive, but powers not listed are excluded
Powers are explicitly denied
Bill of Rights a safeguard

31. Limited Government Vigorous civil society
Works to constrain government power; part of political process, helping educate and inform the citizenry
Holds government accountable when it fails or exceeds power

33. Separation of Powers Three distinct branches
Created to ensure powers of government not concentrated in hands of a few officials or agencies
Principle of separation of powers governing duties divided among three branch

35. Separation of Powers Article I
Creates and empowers Congress, the lawmaking body of the nation
House of Representatives and Senate; each with special powers
House has “power of the purse”

37. Separation of Powers Article II
Establishes duties of the executive branch; the president, the vice-president, and the many executive departments
Carries out laws passed by legislative branch

39. Separation of Powers Article III
Establishes the judicial branch, including the Supreme Court
Exercises the judicial power of the United States; interprets and applies the law

42. Checks and Balances
Each branch with own area of governmental responsibilities
Not completely separate from each other
Designed so none can dominate; no branch can control
“Common good” maintained—policies and actions that benefit all of society, such as health, safety, and defense programs

43. Checks and Balances System established
Checks and balances—each branch of government has the power to change or cancel acts of another branch
System prevents exertion of too much power

45. Checks and Balances Balance
Congress checks executive by controlling taxes and spending
Can reject nominations; approve treaties
Congress given power to declare war; limits president’s power

46. Other branches have checks
Executive branch
Power to veto, or reject, legislation
Threat of veto sometimes sufficient to push revision of legislation so it has better chance of getting signed
President can exercise veto power

47. Other branches have checks
Veto limited
Congress can override veto with two-thirds majority of both houses
If Congress can muster enough votes, the bill passes

48. Other branches have checks
Unconstitutional
Judicial branch can declare acts unconstitutional— the power of judicial review
Federal judges given lifetime terms; insulated from undue political influence

50. Other branches have checks
Judicial review balanced
President has power to make federal judicial nominations
Congress (Senate) has power to approve all federal judicial nominations

51. Judicial Review Deciding constitutionality
Courts exercise judicial review—power to determine whether actions of legislative and judicial branch are constitutional
Any law or government action (federal or state) found to violate a part of the Constitution is said to be unconstitutional; act deemed illegal and cannot be enforced or carried out by the government

52. Judicial Review
Judicial review not mentioned in Constitution
Judicial review established in Federalist Papers as check and balance
In 1803 the Supreme Court established the principle of judicial review with the landmark case Marbury v. Madison

54. Landmark Supreme Court Cases Marbury v. Madison (1803)
Why It Matters:
Marbury v. Madison established the Supreme Court’s power to decide whether laws are constitutional.
This power, called judicial review, is a basic principle of American government.

55. Federalism
The powers of government are distributed between the national government and state governments— federalism
Framers struggled to balance power between State and National governments
Spelled out, Article I, Section 8 and Article VI

56. Federalism Supremacy clause
Advocates for states rights found clauses troubling— where was limit to federal power
10th Amendment
Powers not delegated are reserved to the states respectively, or to the people

57. Federalism Flexibility
Language allows for strong federal government but guarantees states retain powers and rights
Strong federal authority for national defense, disaster response, and highway construction accepted; disagreement with other issues

58. I dislike memes