The Constitution

Political Dictionary• Popular sovereignty• Limited government• Constitutionalism/ Unconsitutionalism• Rule of law• Separation of powers• Checks and balances• Veto• Judicial review• Federalism

• It is the nation’s fundamental law• Sets out basic principles• “Supreme law of the land”• Determines who wins and loses in political

arena• Strength is that it deals mainly with

principles• Seven articles (original), 27 amendments

• Popular sovereignty- the people are the only source of any and all governmental power.

• This principle is throughout Constitution.

• Government exercises through popularly lead elections.

POPULAR SOVEREIGNTY

• Limited government- holds that no government is all powerful.• May only do the things the people have

given it power to do • Constitutionalism- government must be

conducted according to constitutional principles.

• Rule of law-government are always subject and never above the law.

LIMITED GOVERNMENT

• Much of Constitution has prohibitions of power• Guarantees freedom of expression• Great guarantees-of freedom of

religion, of speech, of the press, of assembly and of petition

• 1st Amendment “Congress shall make no law…”

SEPERATION OF POWERS

• Separation of Powers – Three basic powers are distributed-separated-among three distinct and independent branches of government.

• Article I declares all legislative power to Congress

• Article II declares executive power in a President• Article III declares all judicial power to the

Supreme Court • Framers wanted a strong central government

with the power to be limited

• PEARSON’S CHECKS AND BALANCES

CHECKS AND BALANCES

• Checks and Balances• 3 Separate Branches

• President• Legislative• Judicial

• Each has constitutional constraints

• Congress can make laws• President can veto laws• Congress can override veto with

2/3 in each house• Congress can refuse to fund a

presidential request• Senate not approve a treaty or

appointment

• President can name all federal judges• Must be approved by the Senate• Courts determine constitutionality• Presidents can be impeached

• Andrew Johnson (1868)• Bill Clinton (1998)• Both were acquitted

• Judicial Review- The power of the court to determine the constitutionality of a governmental action

• Judicial Review- power held by all Federal courts

• Established in Maybury v Madison 1803• Unconstitutional- To declare illegal, null and

void, of no force and affect a governmental action found to violate the Constitution

• Federalism- The division of power among a central government and several regional governments

• Needed to establish strong central government while preserving States concept of local government.

• Colonists rebelled against harsh distant rule

FEDERALISM

• Framers made division of power as as a compromise

• Framers to the concept• That government power poses a threat to

individual liberty• Therefore the exercise of governmental

power must be restrained and• That to divide governmental power, as

federalism does, is to curb it and prevent its abuse

• How do the first three articles differ from the other four articles?

• The first three articles are the only ones that deal specifically with the organization of the federal government

• In what three branches are the powers of the federal government separated?

• The executive, legislative, judicial

• Give a brief summary of the checks and balances in place for each of the three branches.

• Judicial- may declare a law or presidential action unconstitutional

• Executive- appoints judges, may veto a law, may call a special session of congress

• Legislative- may override the veto, may impeach a president or a judge, approve treaties and appointments of federal judges

• Explain the concept of rule of law

• The government and its officers are always subject to the law.

• Why would the concept have been important to the Framers?

• The Framers wanted to avoid absolute rule similar to that exercised by the British government on the colonists

• What might happen if there were no rule of law?

• Government would have unlimited power. It could act arbitrarily and for its own interest.

• Explain the concept of Judicial review

• Power of the judicial branch to declare acts of congress and president unconstitutional

• How was the power formally established?

• Although intended by the Framers the concept was firmly established by Maybury v Madison 1803