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The
Constitution
Basic Principles
The purpose of the Preamble to the Constitution of the United States is to state the general goals of the system of government
set up under the Constitution.
The sources of the Constitution are popular sovereignty, limited government,
federalism, separation of powers, and checks and balances.
Popular Sovereignty
It is the principle that allows the United States to be called a republic
- a country in which the power is held by people who elect representatives
to act for them.
Limited Government
Government may act on only those powers granted to it by the people. No
government has unlimited power.
Popular sovereignty and limited government are related. Popular sovereignty
suggests that power rests with the people. It follows that the people give
government only those powers they wish it to have.
Federalism
The division of power between a central government and a number of state
governments.
Separation of Powers
Framers divided the powers of government on two levels - federal and state
- and also separated the executive, legislative, and judicial functions
of the national government among three branches.
Checks and Balances
Each branch could restrain the power of the other branches.
The principles of separation of powers and checks and balances are related
because checks and balances work because powers are separated among the
three branches of government. Each checks and balances the other.
Other Principles
Judicial Review
The judicial branch has the power of judicial review.
It is the power of the courts to decide if acts of Congress or actions
of the President are unconstitutional.
Supremacy of National Law
National law is considered supreme over state law.
Supremacy of Civilian Authority
Civilian authority is stronger than military authority under the Constitution.
Additional Principles
The obligation of the majority is to respect and protect the rights of
the minority.
Branches of Government
The most important duty of government is to make the people's will into
public policy by means of law.
Congress
Bicameral Legislature: The Senate and House of Representatives are the
two houses that form Congress.
Congressional Qualifications: To qualify members of the House must be
at least 25 years old, citizens of the United States for 7 years, and residents
of the states from which they were elected. Senators must be at least 30
years old, citizens for 9 years, and residents of the states from which
they are elected.
Specific Powers: All revenue bills, or tax bills for raising money and
bills authorizing the spending of money, must be started in the House of
Representatives. Only the Senate accepts treaties and confirms presidential
appointments. Only the House can impeach, and only the Senate tries and
removes a person from office upon impeachment conviction.
The Presidency
Powers and Duties: Carries out and enforces federal laws.
Presidential Qualifications: To qualify the President must be at least
35 years old, a resident of the United States for 14 years, and a native-born
citizen.
Electoral College System: The electoral college elects the President of
the United States.
The Courts
The Supreme Court is the highest court in the United States.
The term of office for a federal judge is they are appointed for life.
Division of Powers
Delegated Powers- Three kinds of delegated powers given to the federal
government under the Constitution are: expressed, implied, and inherent
powers.
Expressed Powers: Powers formally stated in the Constitution.
Implied Powers: Powers not stated directly in the Constitution but are
suggested or implied by the wording of the document.
Inherent Powers: Powers that belong to the government simply because it
is a national government.
Reserved Powers- The Constitution reserves to state governments those powers
not given to the federal government or denied to the states.
"Police powers" are used to protect the well-being of individuals.
Powers held only by the state governments are reserved powers, such as
the power to set up rules for the operation of schools.
Shared Powers- Powers held by both the federal government and the state
governments are shared or concurrent powers, such as the power to tax,
to try accused criminals, and to provide money to build roads.
Limitations on Power
National and state governments can't tax each other.
The Changing Constitution
The Amending Process
It is necessary to change the Constitution as changing interpretations
and changes in society resulting from new knowledge and new social and
economic developments may make it necessary to change the Constitution.
For example: The Twelfth Amendment altered the Electoral College system.
Informal Change
The role of the Supreme Court in changing the Constitution of the United
States is to interpret the Constitution and to decide if laws or other
acts are constitutional.
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