1. The Principles of the United States Constitution

2. PO 1. Describe how the following philosophies and documents influenced the creation of the Constitution:
Magna Carta
English Bill of Rights
Montesquieu’s separation of power
John Locke’s theories – natural law, social contract
Mayflower Compact
Declaration of Independence
Articles of Confederation –

3. Concept 2: Structure of Government
PO 1. Describe the following principles on which the Constitution (as the Supreme Law of the Land) was founded:
federalism (i.e., enumerated, reserved, and concurrent powers)
popular sovereignty
Separation of Powers
checks and balances
limited government
flexibility (i.e., Elastic Clause, amendment process)

4. PO 2. Differentiate the roles and powers of the three branches of the federal government.

5. Early Influences
Magna Carta – 1215, the English King is given limited power. He could not raise taxes without approval of the Great Council and he had to obey the law.
English Bill of Rights – Sets out the rights of citizens and certain constitutional requirements where the actions of the Crown require the consent of the governed as represented in Parliament.

6. Basis for our Government
Montesquieu’s separation of powers - legislative, the executive, and the judiciary. These should be separate from and dependent upon each other so that the influence of any one power would not be able to exceed that of the other two, either singly or in combination.
John Locke’s theories - advocated governmental checks and balances and believed that revolution is not only a right but an obligation in some circumstances.

7. Development in America
Mayflower Compact – Pilgrims agree to consult each other about laws and to work together for success of the colony
Declaration of Independence – Created a new nation, separate from England
Articles of Confederation – Created a weak national government because states had final authority
Shay’s Rebellion – Showed the flaws in the Articles of Confederation

8. I. Popular Sovereignty The people hold the ultimate authority
A representative democracy lets the people elect leaders to make decisions for them.
John McCain and Jon Kyl are our elected officials in the Senate. We have 8 representatives in the House!

9. II. Limited Government Framers wanted to guard against tyranny
Government is limited to the power given them in the Constitution.
The Constitution tells how leaders who overstep their power can be removed

10. III. Federalism
The division of power between State and National Governments
Some powers are shared
The National Government has the “supreme power”

11. Powers of the Government
Enumerated - a list of specific responsibilities which state the authority granted to the United States Congress.
Reserved – 10th Amendment limits the authority of government to the powers stated in the Constitution. All other power is reserved for the states and the people.
Concurrent – Shared powers (collect taxes, borrow money, maintain courts, make laws, provide for the welfare of the people)

12. IV. Separation of Powers
No one holds “too much” power
Legislative branch makes the laws
Executive branch carries out the laws
Judicial branch interprets the laws

13. Legislative Branch Senate and House of Representatives Make our laws
Regulate Immigration
Establish Post Offices and Roads

14. Powers of the Legislative Branch
Coining money.
Maintaining a military.
Declaring war on other countries.
Regulating interstate and foreign commerce

15. Executive Branch The President of the United States Chief Executive
Chief of State
Chief Legislator
Commander in Chief

16. Powers of the Executive Branch
Power to manage national affairs and the workings of the federal government
Commander-in-chief of the armed forces
Can veto any bill passed by Congress and, unless two-thirds of the members of each house vote to override the veto, the bill does not become law.
Nominates federal judges, including members of the Supreme Court

17. Judicial Branch Supreme Court and other Federal Courts
Preserve and protect the rights guaranteed by the Constitution
Considers cases involving national laws
Declares laws and acts “unconstitutional”

18. Powers of the Judicial Branch
The power given to courts to interpret the law is called jurisdiction.
The jurisdiction granted to the judicial branch is limited to federal and constitutional laws.
The Supreme Court decides arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution. A court's authority to decide constitutionality is called judicial review.

19. V. Checks and Balances Prevents the abuse of power in government
Each branch can check each other branch

20. Executive Checks Propose laws to Congress Veto laws made by Congress
Negotiate foreign treaties
Appoint federal judges
Grant pardons to federal offenders

21. Legislative Checks Override president’s veto Ratify treaties
Confirm executive appointments
Impeach federal officers and judges
Create and dissolve lower federal courts

22. Judicial Checks Declare executive acts unconstitutional
Declare laws unconstitutional
Declare acts of Congress unconstitutional
The Supreme Court holds the final check

23. A Living Document Flexibility
Elastic Clause - a statement in the U.S. Constitution granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers (Article I, Section 8 ).
Amendments (additions or changes) - The Constitution of the United States may be amended when two thirds of each house of Congress approves a proposed amendment and three fourths of the states thereafter ratify it.