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Structure and Principles
The Constitution Structure and Principles
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Structure 3 Main Parts to the Constitution:
Preamble – Introduction; states goals and ideas 7 Articles – Lays out the structure of the government: I – US Congress; II – Executive Branch; III – Judicial branch and jurisdiction; IV – Relationship between the states and the national government; V – Amending the Constitution; VI –Supremacy Clause (Constitution, laws passed by Congress and treaties of the US are the supreme law of the land); VII – Ratification of the Constitution
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3. The Amendments – changes to the Constitution
The Constitution has been amended 27 times It provides a way to respond to a changing nation.
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Major Principles Popular sovereignty – Based on the rule of the people. Authority for the government comes from the people. Federalism – Power is divided between the national and state governments. The reason for choosing federalism was due to the weak central government under the Articles of Confederation but people feared a powerful central government.
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Separation of Powers – power is divided between the 3 branches of government; to make sure one branch did not become too powerful.
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Checks and Balances –Each branch exercises some control over the others.
Ex. Congress makes laws. President can veto laws. Congress can override a veto with a ¾ vote.
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Judicial Review – Power of the courts to declare if laws violate the Constitution.
Judicial Review was not clearly laid out in the Constitution. In the case, Marbury v. Madison – it set the precedent for federal courts to rule on the actions of the government. Limited Government – the Constitution limits government actions by specifying its powers and listing powers it does not have, retains them for the people the right to govern themselves.
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