Text PreviewThe United States Constitution is a relatively brief document that established the foundation upon which the American government is built. It outlines the framework and procedures of the government and sets limits on governmental power. Show The Constitution was founded on several basic principles that help to keep it relevant today. These are the principles of popular sovereignty, limited government, separation of powers, checks and
balances, judicial review, and federalism. The principle of popular sovereignty establishes that all power rests with the people, and that the people have given the government its power through the Constitution. The government can only function with the consent of the people. The principle of limited government states that government can do only those things that the people have given it authority to do. In other words, it must obey the law.
The concept of a separation of powers was incorporated into state constitutions before the U.S. Constitution was written. The national charter is largely based on the framework established by the state charters. The Constitution divides the powers of the national government among the Congress (legislative branch), the president (executive branch), and the courts (judicial branch). The three branches of government are connected by a system of checks and balances, which allows one branch to restrain the power of another. For example, while Congress makes the laws, the president has the power to veto them. Congress also has the ability to override a presidential veto by a two-thirds vote in each chamber. Because Congress holds the purse strings, it can derail the president's plan by refusing to provide funding. Judicial review is one element of the system of check and balances so significant that it is considered a basic principle of the constitutional system in its own right. When a court declares an action unconstitutional, it becomes illegal the moment the ruling is issued. All federal courts and many state courts possess the power of judicial review. The Constitution does not specifically allow for judicial review. The Supreme Court under John Marshall established the power in the case of Marbury v. Madison in 1803. Another basic principle of the Constitution is the system of federalism, a division of power between the national government and state or regional governments. Because the framers of the Constitution feared tyranny from an absolute central government but were also concerned about the ineffectiveness of a weak confederation of independent states, they settled on the compromise of federalism. Their goal was to develop a central government that was strong enough to meet the needs of the nation, while preserving the authority of the states. State local governments deal with matters of regional and local concern, while the national government deals with issues that affect the country as a whole. Copyright 2006 The Regents of the University of California and Monterey Institute for Technology and Education Learning Objectives
6.1 Activity: Separation of Powers and Federalism: Whose job (or check), is it?
Purpose In this activity, you will explore the separation of powers and federalism. Process After your discussion, your teacher will lead you through an activity to determine your understanding of separation of powers and checks and balances, in particular. Launch Activity Synthesis Now that students have a better understanding of the separation of powers, ask students to identify examples of when a branch has the sole power to work alone and when a branch must work with another branch to take action. Ask the students these follow-up questions:
As part of the discussion, connect the principles of the separation of powers, checks and balances, and federalism to the broader theory of our republic: the need to both check abuses of power and create a government that creates policy that serves the common good (by slowing politics down, blocking bad ideas, curbing abuse, promoting deliberation, valuing principled compromise, etc.). Students should see not only the value of checking government abuse, but also the constructive parts of our complicated system—how it might promote good policy—and also reflect on whether they think that the founders struck the right balance. To frame this part of the discussion, ask students to reflect on the following questions:
Constitution 101 Resources Constitution 101 Resources 6.2 Activity: Key Terms
Launch Information Activity Synthesis Activity Extension (optional) Constitution 101 Resources 6.3 Video Activity: Separation of Powers
Purpose Process Then, complete the Video Reflection: Separation of Powers worksheet. Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions. Launch Activity Synthesis Activity Extension (optional) Constitution 101 Resources 6.4 Activity: Branch Exploration
Purpose Description
Complete the Activity Guide: Branch Exploration worksheet to further explore your branch. Students should also be encouraged to look at the Constitution’s text itself when completing the activity sheet. Final Assignment:
Launch
Activity Synthesis Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources 6.5 Activity: Philosophical Thinking on Separation of Powers
Launch As a class, discuss the connection between Montesquieu’s ideas of separation of powers, Adams’s views, and Madison’s views. Activity Synthesis
Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources Constitution 101 Resources 6.6 Activity: Federalism, It’s in There
Purpose In this activity, you will find examples of federalism in the Constitution. Process Launch Activity Synthesis Activity Extension (optional) Constitution 101 Resources Constitution 101 Resources 6.7 Test Your Knowledge
Purpose Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered. Process Complete the questions in the following quiz to test your knowledge. Launch This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available. Knowledge Check Constitution 101 Resources What is it called when government power is restricted?Limited government is a theory of governance in which the government only has those powers delegated to it by law, often through a written constitution. Governmental authority is prescribed and restricted by the law, and individual's rights are protected against government intrusion.
What principles limit the power of government?The power of US government is constrained by the separation of powers and checks and balances between branches.
What principle of government is presented by the Constitution?The Constitution rests on seven basic principles. They are popular sovereignty, limited government, separation of powers, federalism, checks and balances, republicanism, and individual rights. Popular Sovereignty The framers of the Constitution lived at a time when monarchs claimed that their power came from God.
What is the principle of limited government?The concept of limited government holds that there should be legal constraints on the power of political authorities, especially with respect to individual rights. The concept is also important in economic affairs, where government intervention may have the effect of disrupting markets and commerce.
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