““Principles Underlying the Principles Underlying the Constitution”Constitution”

Learning goal:Learning goal:SWBATSWBAT

interpret the intentions of the interpret the intentions of the preamblepreamble

Our Government’s PurposeOur Government’s Purpose

Throughout our constitutional government there are five underlying principles, or goals, of our government.

1. “Popular Sovereignty”1. “Popular Sovereignty”

““Popular Sovereignty”Popular Sovereignty” “Popular Sovereignty” is

the belief that the power lies with the “people” (right of the people to rule)

“We the People…” Power comes from the

“consent of the governed”…

““Popular Sovereignty”Popular Sovereignty” “Republic” is where the

“people” choose those to represent their interests in government.

We have this form of Representative Democracy here. (Think of the Pledge of Allegiance)

The right of the people to vote gives us the chance to vote and choose our leaders.

2. “Rule of Law”2. “Rule of Law”

““Rule of Law”Rule of Law”Stemming back to the

Magna Carta and The English Bill of Rights, our Constitution believes that the government should have certain limits.

The government is limited by the law – and it applies to everyone!

3. “Federalism”3. “Federalism”

“ “Federalism”Federalism” “Federalism” means that

the states give up some of their powers to the national government.

video National and state

governments share powers – this limits the power of the federal government by giving power to the states.

Powers are DividedPowers are Divided

““Expressed” PowersExpressed” Powers

“Expressed” (“enumerated” or “delegated”) Powers are specifically granted to the federal (U.S.) government only!

““Expressed” PowersExpressed” Powers “Necessary & Proper”

laws Regulating all trade Conducting foreign

affairs Raise & support armies Coin or print money Create postal system Govern U.S. territories Regulate immigration

““Reserved” PowersReserved” Powers

“Reserved” Powers are kept by the state governments.

These are powers that are NOT specifically mentioned in the Constitution.

““Reserved” PowersReserved” Powers Provide for public

safety, health, welfare within state

Regulate trade within state

Create local governments

Conduct elections Establish public

school systems.

““Concurrent” PowersConcurrent” Powers

“Concurrent” Powers are where the authority of the federal (U.S.) and state governments overlap, or are shared.

““Concurrent” PowersConcurrent” Powers Enforce the laws Establish courts Collect taxes Borrow money Provide for the

general welfare

1010thth Amendment Amendment “The powers not delegated to

the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

Powers not given to the national government automatically go to the states. video

The ConstitutionThe FINAL AuthorityThe ConstitutionThe FINAL AuthoritySupreme Law of the LandSupreme Law of the Land

ArticleArticle 6 6Called the Called the Supremacy ClauseSupremacy Clause

– the Constitution is the final authority in all – the Constitution is the final authority in all matters!matters!

4. “Separation of Powers”4. “Separation of Powers”

““Separation of Powers”Separation of Powers” Inspired by French

philosopher Montesquieu.

Believed the best way to protect the rights of the “people” is limit the powers of government

““Separation of Powers”Separation of Powers” The 3 “branches” of

government are:– Legislative – make the laws– Executive – enforce the laws– Judicial – interpret the laws.

NO SINGLE “BRANCH” IS MORE POWERFUL AS POWERS ARE SEPARATE! Video

5. “Checks & Balances”5. “Checks & Balances”

““Checks & Balances”Checks & Balances”

“Checks & Balances” helps keep any one branch from becoming too powerful.

Each “branch” can check (or restrain) the powers of the others. Limits the power of the govt.

““Checks & Balances”Checks & Balances” The President can

appoint justices to the Supreme Court with Congress’ approval.

The Senate can “check” the President by approving or rejecting appointments.

The President can “check” Congress by vetoing laws and naming federal judges. video

““Checks & Balances”Checks & Balances” The House can

impeach an official for misconduct in office if they commit a wrongful act.

““Checks & Balances”Checks & Balances” The Supreme Court

can declare the laws made by Congress unconstitutional.

““Checks & Balances” Checks & Balances” SHRSHR