Principles of The United States Constitution Structure and

Principles of The United States Constitution Structure and Guiding Principles Local, State, and National Government

The United States Constitution Quick Facts n Signed into being on September 17, 1787 forming the basis for US Government. n 3 Parts: n n n Preamble—Introduction; establishes purpose of US government Articles— 7 articles provide guidelines for how government will operate Amendments— 27 changes to the original document make Constitution a “living document”

What is a Principle? n A principle is a basic rule that guides and influences thought or action… n Principles guide our decisionmaking, thus keep us in order What principles do you live by and why? n How do those principles affect your everyday actions? n

American Principles 7 Guiding Principles: 1. Popular Sovereignty 2. Federalism (1) old US documents 3. Rule of Law (2) philosophers 4. Separation of Powers (3) old world documents 5. Checks and Balances 6. Judicial Review n The GOVT. follows these principles when making 7. Majority Rule n Where do Guiding US Principles Come From? Laws & Decisions

Popular Sovereignty n n People are source of govt. power (1) Popular = “People” (2) Sovereignty = “Power” or “Controller” Example: - elections - peaceful demonstrations

Federalism n n Meaning: power is divided between national (central), state, local govts. - Each level has own responsibilities Example: - Amendment Process - Federal Power = Prints Money - State Power = Driver’s License

Powers of National Government Separation of Powers n The Powers of Government are divided into three Branches: n Legislative Branch Makes Laws n Executive Branch Enforces Laws n Judicial Branch Interprets Laws

Definition: Each branch of Govt has some power over the other two branches Checks and Balances Purpose: Prevent any one branch from having too much power

Practicing Checks and Balances 1. If Congress makes a law, what can the President do if he does not like the law? 2. If Congress does not think the President’s veto was fair, what can the Congress do? 3. If a law or action is unlawful, which branch determines if the law or action is unconstitutional?

Judicial Review n n Courts decide if govt. acts violate constitution Marbury v. Madison established judicial review. Example: Brown v. Board of Ed. Court stated that segregation was illegal in public places

Limited Government n Government Powers are limited to what is written in the Constitution n Example: Miranda v. Arizona (read your rights) Magna Carta English Bill of Rights

Other Important Principles… n Due Process—Govt must follow established procedures when dealing with citizens; your right to be treated fairly by the government. n Rule of Law—NO ONE (not even the President) is above the law. n Majority Rule – the most number of votes or those agreeing to an opinion prevail. n Rights of Individuals/Equal Protection

Identifying Constitutional Principles n n n The President appointed a new Justice for the Supreme Court and the Senate will review his appointment next week. The people called a town meeting to debate construction of a new park. The President, the members of Congress, and the Justices of the Supreme Court pay taxes just like every citizen in the United States. The Tenth Amendment of the Constitution states that there are powers that belong to the states. In other parts of the Constitution, powers are given to the national government. The Constitution provides for legislative, executive, and judicial branches of government.

Putting it all together… Citizens and Government in the United States share in a reciprocal relationship. While the power to rule is derived from the people, the government is bound by the Constitution to respect and guard the rights of those citizens. Challenge: In what ways do the Constitutional principles imbedded in our founding document ensure the people’s rights will be protected?

Federalism Learning Log: Popular Sovereignty Limited Government United States Constitution Separation of Powers Judicial Review Checks And Balances How do each of these principles of the Constitution manifest themselves in your everyday lives?