Constitutional Breakdown Preamble The Preamble is the opening of the Constitution that states its purpose To form a more perfect union unification for the good of all states To establish justice ID: 760554
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Slide1
The Constitution
Slide2The Constitution
Slide3Constitutional Breakdown
Slide4Slide5Preamble
The Preamble is the opening of the Constitution that states its purpose.
To form a more perfect union:
unification for the good of all states
To establish justice:
laws/courts that treat all fairly
To insure domestic tranquility:
keep peace and order at home
To provide for the common defense:
protect country from outsiders
To promote the general Welfare:
prosperous lives for all
To secure the Blessings of Liberty to ourselves and our Posterity:
guarantee freedoms for everyone, now and in the future
Slide6Popular Sovereignty
The right of the people to rule themselves (Vote)
Voters elect representatives and through the Electoral College, a President.
The President and all representatives are there to serve the people.
Slide7Limited Government /Rule of Law
No one is above the law---not even the governmentA danger is that the majority may deny rights to the minority, the Constitution protects the rights of all Americans
Slide8Separation of Powers
Montesquieu believed that the executive, legislative, and judicial powers should be separated.
Each branch has different functions
Legislative- make laws
Executive- enforce laws
Judicial- interpret laws
Slide9Checks and Balances
The Const. separates powers between the branches and incorporates a system of checks and balances
Each branch has checks on the power of other branches
Slide10Federalism
National Government shares power with states
Types of Power
Enumerated: Powers given to the national government (Expressed or implied)
Reserved: Powers given to the states
Concurrent: Powers shared between national and state
Slide11Implied Powers
Powers that are found in the “
necessary and proper clause
” in Article I of the Constitution
Also called the “
elastic clause
” because it allows Congress to ‘stretch’ their powers.
This
allows Congress to make any law they see as necessar
y that may not be already listed in the Constitution.
Examples: having an income tax, the military draft, minimum wage
Slide12Judicial Review
The courts have the power to review cases and constitutional amendments
Slide13Constitutional Interpretation
Loose interpretation: Congress can make any law that the Constitution does not specifically forbid.Strict interpretation: Congress can only make laws that the Constitution gives them direct authority over.The Supreme Court interprets the Constitution and can declare laws unconstitutional.
Slide147 Articles
Articles:
explains how our government works
Article I:
established a bicameral Legislative Branch with lawmaking authority (Congress)
Article II:
established the Executive Branch with law-enforcement authority (President and Vice-President)
Article III:
established the Judicial Branch with the authority to interpret laws and see they are applied fairly (US Supreme Court and lower courts established by Congress)
Article IV:
states – explains how new states will be created, says states must respect each others’ laws (full faith and credit), and guarantees federal government protection
Article V:
amending process for the Constitution
Article VI:
says Constitution is the supreme law and state laws may not interfere (National Supremacy Clause)
Article VII:
9 states needed to ratify Constitution
Slide15Amending Process
Amendments: changes to the Constitution, only 27 times (the first ten are known as the Bill of Rights); purposely difficult to change (two part process)Proposal: Congressional action by 2/3 vote or 2/3 of state legislatures requesting a national conventionRatification: vote of ¾ of the state legislatures or special convention
Slide16Separation of Powers
(Principle 1)
3 Branches
L
egislative -
M
akes Laws (L, then M in alphabet)
E
xecutive -
E
nforces Laws
Jud
icial - Interprets Laws (
Jud
ges)
Popular
Sovereignty
(Principle 2)
People
’
s
Power
(Vote)
Federalism
(Principle 3)
Powers are divided between national and state government
E
n
umerated -
N
at
’
l Powers - Make money, military
Re
s
erved -
S
tate Powers - Education,
Co
ncurrent -
Both
- Taxes
Rule of Law = No one is above the
LAW
7 Articles - L.E.J.R.A.N.R. 1