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IntroductionIntroduction
• six main principles on which the Constitution is based
– Popular Sovereignty– Limited Government– Separation of Powers– Checks and Balances– Judicial Review– Federalism
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Outline of the ConstitutionOutline of the Constitution
• The Constitution is simple and brief.
– The seven articles are followed by the 27 amendments.
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Popular SovereigntyPopular Sovereignty
• people are the only source for all governmental power.
– The government rules through leaders elected by the people to represent the people.
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Limited GovernmentLimited Government
• Government may only do those things the people have given it the power to do.
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Separation of PowersSeparation of Powers
– divides power among the legislative, executive and judicial branches.
– Separation of powers keeps a strong central government from being too powerful
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Checks and BalancesChecks and Balances
• Each branch of the federal government can check the power of the other two.
• The use of checks is fairly rare.– Compromise is more common
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Judicial ReviewJudicial Review
• The Courts can decide if a government action is constitutional.
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FederalismFederalism
• Federalism is a compromise between an all-powerful central government and an independent state government.
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Federalism, cont.Federalism, cont.
• The Constitution divides power among the State and Federal Governments.
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Changing with the TimesChanging with the Times
• The amendment process allows the Constitution to adapt to the changing needs of our nation and society.
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The Amendment ProcessThe Amendment Process
• Article V of the Constitution describes the amendment process.
– Amendments may be proposed:
• By a two-thirds vote of each house of Congress.
• By a national convention called by Congress at the request of two-thirds of the state legislatures.
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The Amendment Process, cont.The Amendment Process, cont.
• Amendments can be ratified:
– By three-fourths of the state legislatures.
– By conventions in three-fourths of the states.
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FederalismFederalism
– Amendments are proposed at the national level and ratified at the state level by legislatures or conventions.
– A state can reject an amendment and later decide to ratify it.
• But a state cannot change its mind after it votes to ratify an amendment.
– The President cannot veto proposed amendments.
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Popular SovereigntyPopular Sovereignty
• The amendment process is based on popular sovereignty.
– The people elect the representatives who vote to propose or ratify amendments.
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The Bill of RightsThe Bill of Rights
– They spell out many basic rights and liberties.
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The 27 AmendmentsThe 27 Amendments
• Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems.
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The Role of CongressThe Role of Congress
• Congress has expanded upon basic constitutional provisions.
– Congress created much of the specific structure of the federal government.
– Congress established the federal court system—the Constitution created only the Supreme Court.
– Congress created the many departments and agencies in the executive branch.
– Congress has clarified issues such as the succession of the Vice President.
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Powers of CongressPowers of Congress
• Congress passes laws that clarify its own constitutional powers. – The Constitution describes some congressional
powers in vague terms.• For example, Congress has the power to regulate
foreign trade and interstate commerce.
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Expanding Executive PowerExpanding Executive Power
• Presidents have increased their constitutional powers by taking a broad interpretation of such powers.
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Presidential PowerPresidential Power
• The Constitution grants the President “executive power.”
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The State of the UnionThe State of the Union
• While an address to Congress is required by the Constitution, the method of address is left to each President.
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The CourtsThe Courts
• The nation’s courts, particularly the Supreme Court, interpret the Constitution on a regular basis.– The power of judicial review gives the Court the
power to declare laws unconstitutional.
– Each type of ruling sets a precedent for interpreting future laws.
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Political PartiesPolitical Parties
• The Constitution does not mention political parties.
• Yet parties are very influential in our political process.
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Political Parties, cont.Political Parties, cont.
– The Constitution says nothing about the nomination process.
– Political parties use state primaries and national conventions to choose candidates.
– Parties also influence the selection of electors to the electoral college.
– Party membership also influences the President’s decision-making process when choosing political appointees.
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CustomsCustoms
• Unwritten customs can be as influential as written laws.
• After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the 22nd Amendment in 1951.
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