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Ch 3 Sec 1
Ch 3 Sec 1
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Ch 3 Sec 1
Ch 3 Sec 1
Ch 3 Sec 1
Ch 3 Sec 1
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Transcript

  • 1. American Constitutional Principles Chapter 3 Section 1
  • 2. Topics
    • American Principles
  • 3. I. American Principles
    • Popular Sovereignty
    • Limited Government
    • Separation of Powers
    • Checks and Balances
    • Judicial Review
    • Federalism
    • Rule of Law****
  • 4. A. Popular Sovereignty
    • Principle that the people hold the supreme power.
      • “We the People….”
      • Power comes from the consent of the governed
      • People have the Right to revolt
  • 5. B. Limited Government
    • Government does not have absolute power
    • Principle by which the government is given the power to do only certain things.
      • Constitution has sections on what the government can and can not do.
      • 9 th Amendment states people have rights not mentioned.
      • The 10 th amendment. Powers not delegated to the central government nor denied to the states, are reserved for the states and the people.
    • Ties into constitutionalism and rule of law
  • 6. C. Separation of Powers
    • Separation of powers divided the function of government into 3 branches,the legislative, Executive and Judicial Branches.
      • Executive enforces the law
      • Legislative writes the law
      • Judicial Interprets the Law
  • 7.  
  • 8. D. Checks and Balances
    • Inspired by Baron de Montesquieu.
      • “Power is a check to power”
    • Checks and balance system where each branch is subject to checks or restraints by the other branches.
      • Veto powers
      • Appointment powers
      • Unconstitutionality
  • 9.  
  • 10. E. Judicial Review
    • Principle by which courts have the power to decide whether a law or an executive order is constitutional.
      • Established by John Marshall in Marbury vs Madison .
    • Gives Judicial Branch a powerful check on the other branches.
  • 11. F. Federalism
    • Who should have more power?
      • The central government?
      • The states?
    • The Solution is shared power.
      • Delegated powers to the central government.
      • Reserved powers for the states.
  • 12. Cont…
    • The Supremacy Clause…
      • The Constitution is still the Supreme law of the land
    • Yet conflicts still arise.
      • Slavery and the Civil war.
      • The Civil Rights movement
      • Immigration policy
      • Drug enforcement
      • Religion
  • 13. G. Rule of Law***
    • Rule of Law, not individual whim…
    • Social Contract Theory
    • Constitutionalism
    • Principle that the laws apply to all of society equally.
      • “ We hold these truths to be self evident that all men are created equal…”
      • No one is above the law
    • Concerns:
      • Does this mean complete equality?
        • Equality of ability or opportunity?
      • Are some people above the law?
        • Race? Fame? Money ?
  • 14. End
    • Popular Sovereignty
    • Limited Government
    • Separation of Powers
    • Checks and Balances
    • Judicial Review
    • Federalism
    • Rule of Law or constitutionalism

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