1. Guiding Principles of the U.S. Constitution

2. Background Weaknesses of the Articles of Confederation
Congress had no control over domestic affairs
Most of the power (governing) was held by the states
Laws required approval by two-thirds majority of states
Shay’s Rebellion
Violent protest by farmers in Massachusetts
Against the rising state taxes
Example of disorder in the nation – anarchy
“We are fast verging to anarchy and confusion” - GW

3. Therefore… The U.S. Constitution was created to solve some of these problems

4. 6 Essential Principles Separation of Powers Checks and Balances
Federalism
Popular Sovereignty – All power comes from the people
Limited Government – Government may do only the things that the people give it power to do
Judicial Review – Power of the courts to determine if a law/government action is constitutional

5. Established 3 branches Legislative Branch Executive Branch
Congress
Create laws
Executive Branch
President
Carrying out laws
Judicial Branch
Federal court system (Supreme Court)
Interpreting laws

6. Separation of Powers
Separation of powers – each branch has specific powers that are different.
Main reason for the 3 branches
Ensure no one part of the government become too powerful
Locke, Rousseau, Montesquieu influenced this idea

7. Checks and Balances
Checks and balances – each branch was given the responsibility to watch over each other.
Each branch has the ability to curb one another’s powers
Example: Supreme Court has the power to declare laws unconstitutional (judicial review)
Checking the power of both Executive and Legislative branches

8. Checks and Balances

9. Federalism Founding Fathers wanted a strong national government, BUT…
Not too strong (absolute monarchy)
Needed to have a balance
Federalism – division of political power between the national and state governments

10. Why do we need it? EXAMPLE:
What would be bad about the following news headlines?
State of S. Carolina to Print Own Money: “Carolina Nuggets”
All doing business in state must change to new currency
Dollars no longer accepted in S. Carolina

11. Division of Powers Delegated Powers (expressed, enumerated)
Federal Government Powers
Article 1, Section 8 of Constitution
Reserved Powers
State Government Powers
10th Amendment

12. Division of Powers Concurrent Powers Both Federal and State Powers
Some powers denied by both
Bill of Attainder – a person is convicted of a crime, punishment set, and denied a trial by jury.
Ex Post Facto “after the fact” – providing punishment for a person for an act that was legal before the new law was passed.

13. (___________, ___________, __________)
Division of Powers
National Government
(___________, ___________, __________)
BOTH
(_____________)
State Government
(___________)

14. (Delegated, Expressed, Enumerated)
Division of Powers
National Government
(Delegated, Expressed, Enumerated)
BOTH
(Concurrent)
State Government
(Reserved)
Regulate trade within a state
Protect public welfare
Conduct elections
Establish local governments
Establish and support public schools
Make marriage and divorce laws
Coin money
Maintain army and Navy
Declare war
Regulate trade
Establish post offices
Carry out all expressed powers
Collect taxes
Enforce laws
Borrow money
Provide for general welfare
Build roads