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Published byJayson Dickerson Modified over 9 years ago
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The Six Basic Principles Chapter Thee Section One 1
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The Constitution What is in it? Principles, procedures, and framework of government The supreme law of the land (Article VI Section 2) Strengths Deals with basic general principles Weaknesses Language often vague We MUST interpret The question is: using what criteria?
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Popular Sovereignty What does this term mean? The people are the ultimate authority; rule by the people Where is popular sovereignty found in the Constitution? Anywhere elections are discussed
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Limited Government What does this term mean? Government can only do what the people say it can Certain liberties are protected What are some examples What Congress can not do
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Separation of Powers What does this term mean? Divides powers so no one branch can dominate the government Three branches There are overlapping powers
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Checks and Balances What does this term mean? Gives each branch the ability to restrict the powers of the other branches Examples- presidential veto, congressional override of veto, judicial review
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Judicial Review What does this term mean? The power to declare executive and legislative acts unconstitutional Appellate power- review lower court cases What is the case that formally declared this power? Marbury vs Madison, 1803 Judicial review is the great American dilemma We rely on the courts to protect minority rights But federal judges and Supreme Court are unaccountable to the people
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Judicial Review Two theories of how judges interpret the Constitution Strict constructionism Original meaning, original intent Loose constructionism Living constitution
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Federalism What does this term mean? Power based on geography Federal, state, and local governments Why did the framers provide for a federal system Compromise between a strong central government and a weak union of independent States
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Federalism Problems: many controversies are about WHERE the power should reside Examples: Education (No Child Left Behind) Life support, next-of-kin rules, (Terry Schiavo) Gay marriage/civil unions
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Federalism – Powers Delegated powers: powers given to the federal government by the constitution Expressed Implied “necessary and proper” Reserved powers Powers that belong to the states Concurrent Powers the federal government and states share
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Federalism—other issues State law cannot conflict with federal law (VI) State to sate relationships : Article IV Full faith and credit
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Federalism– Incorporation 14 th amendment: due process and equal protection Bill of Rights originally applied to the national government Incorporation: nationalization of the Bill of Rights: apply the bill of rights to the states Selective (partial): not all rights incorporated
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