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Six Basic Principles of the Constitution Chapters 3 and 4

Unit 2 Principles Of American Government

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Page 1: Unit 2 Principles Of American Government

Six Basic Principles of the Constitution

Chapters 3 and 4

Page 2: Unit 2 Principles Of American Government

Six Basic Principles of the Constitution

6 Themes evident throughout the Constitution

• Each principle illustrates HOW this document is a document of LIMITATIONS.– This shows distrust of

government.

• Why were the colonists fearful of powerful government?

Page 3: Unit 2 Principles Of American Government

Limited Government

Government is NOT all powerful, there are limits on what is can do

Constitution is the Supreme Law of the land and ALL government officials are subject to the document. (Rule of Law)

Evident throughout the Constitution, use of negative language throughout

Page 4: Unit 2 Principles Of American Government

Limited GovernmentExamples in the Constitution:

• Article 1, Section 9– no denial of habeas corpus– no bills of attainder– no ex post facto– no titles of nobility

• Article 1, section 10– no state shall enter into treaties

with foreign nations– no state shall coin its own

money

Page 5: Unit 2 Principles Of American Government

Limited Government

Examples in the Constitution

• Bill of Rights– Congress shall make no law

abridging the freedom of speech…– The rights of the people shall not

be abridged…– No quartering of troops

Page 6: Unit 2 Principles Of American Government

Six Principlesof American Government

1. Republicanism

2. Checks and Balances

3. Separation of Powers

4. Popular Sovereignty

5. Individual Rights

6. Federalism

We will discover: How each of these principles LIMIT government!

Note Bene: The 6 principles noted here are slightly different than the 6 principles in the textbook. (These align with the TEKs)

Page 7: Unit 2 Principles Of American Government

Republicanism• All citizens are represented

by a man or woman in both the federal government (Congress) and state government (Legislature)– These Representatives make

decisions for us

• Republican form of Government – each State is guaranteed at least 1 Representative and 2 Senators in Congress– (guaranteed by the

Constitution)

John Carter (R) Represents the Round Rock in the House of Representatives at the Federal level

Page 8: Unit 2 Principles Of American Government

Checks and BalancesEach branch checks over the

other two, to prevent abuse (again limiting government)

• The legislative makes a law– the executive can veto

• The executive vetoes– the legislative can override the

veto

• The judges make a law unconstitutional– the legislative can make an

amendment to the Constitution

• The executive appoints a judge– the legislative must confirm or

reject

Page 9: Unit 2 Principles Of American Government

Separation of Powers

• Article 1 – Only Legislative makes laws, coins money, taxes, borrows money, declares war, establishes post offices, makes lower courts, makes laws about naturalization, fixes weights and measurements

– 17 listed powers, and the "elastic clause"-Clause 18

• Article 2 – Only the Executive enforces laws, is Commander in Chief, appoints judges, pardons, vetoes, makes the State of the Union address, calls special sessions

• Article 3 – Only the Judges interpret the Constitution

Each branch has its OWN separate powers that the other two DO NOT

thus limiting the other two.

Page 10: Unit 2 Principles Of American Government

Popular Sovereignty• The people are the source of the

power. • We give our consent to those we

elect to speak in our behalf, but we are the source of power.

• Evident throughout the document:– In Preamble- "We the People" – Article 1 - the people elect

representatives to the House– Article 2 - the people indirectly elect

the President– Amendment 17 - the people directly

elect Senators– Amendment 1 - Free speech, press,

petition-implies we, the people will participate

If a majority of the people want something, should they get what the want?– Abortion, End of the War, Affirmative

Action, Close the Border, etc…

We the People limit the power of Representatives (by voting them out).How do Representatives limit the power of the people?

Page 11: Unit 2 Principles Of American Government

Individual Rights• Government exists to protect your

individual rights (Locke, Hobbes, Jefferson)

• Rights are something that are protected by government, not given by government

• Bill of Rights outlines several of these– Freedom of Speech

– Freedom of Religion

– Freedom of Press

– Freedom of Assembly

– Right to bear arms

– Right to a fair and speedy trial

• 14th amendment expands Bill of Rights to the states

• Civil Rights Act (1964)

Page 12: Unit 2 Principles Of American Government

Federalism• The federal government and its

sub-divisional governments (states) SHARE the powers of law-making, enforcing, and interpreting.

• All levels of government– (federal, state, and local)

have three branches– (legislative, executive, and judicial).

• The Constitution gives power to BOTH the federal and state governments

Federalism is like a three tiered layer cake.

Explain!

Page 13: Unit 2 Principles Of American Government