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The Constitution
The Constitution is the supreme law of the land
Created on July 4th, 1776 (slightly more than a year after the Revolution began). Promoted mainly by John Adams.
Declaration of Independence
Continued.
Proclaimed the Natural Rights: Life, Liberty, and the Pursuit of Happiness. Justification for separation: Whenever any Form of Government becomes destructive of these ends it is the Right of the People to alter or to abolish it, and to institute new Government
Preamble
The introduction to the Constitution is called the Preamble. The Preamble begins with the phrase We the people This means that the government is based on the consent of the people.
The Preamble
The Constitution is divided into 3 main parts: the Preamble (opening statement), Articles, and Amendments. The Preamble defines 6 goals.
Preamble: We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America.
To Establish Justice
Articles
The main body of the Constitution is divided into 7 sections called Articles, which establish the framework for our government.
Articles I-III - describe the 3 branches of government : legislative, executive, and judicial. Article IV deals with relations between the states. Article V provides a process to amend the Constitution. Article VI states the Constitution is the Supreme law of the land. Article VII sets up a procedure to ratify the Constitution.
Amendment
A change in the Constitution There have been 27 amendments to the Constitution. The first 10 amendments are called the Bill of Rights.
There are three branches of government: 1. The legislative - which makes the laws 2. The executive - which enforces the laws or make sure the laws are carried out 3. The judicial - which interprets the laws or explains the laws and makes sure they are fair
Popular Sovereignty
states that the people have the right to alter or abolish their government Because the colonists wanted to avoid tyranny, they said the government has only the powers that the Constitution gives it The government was split into three branches
Limited Government
Separation of Powers
Legislative makes the laws Executive carries out the laws Judicial explains and interprets the laws
Each branch of government has the power to check, or limit, the actions of the other two.
Federalism
Federal Examples power to coin money, declare war, regulate trade between states State examples regulate trade within their borders, establish schools Power not clearly given to the federal government belongs to the states.
Republicanism
Citizens elect representatives to carry out their will Protect individual rights such as freedom of speech, freedom of religion, and the right to trial by jury
Individual Rights
The framers of the Constitution established a system of checks and balances to prevent any branch government from getting too powerful. Example: Congress has the right to pass bills into law, but the president can veto them, which means the bill does not become a law.
Federalism
The power of government is also split between the states and the federal government. This is called Federalism. If the Constitution does not have a law, the states can do what they want. State law cannot contradict federal law.
Dual Sovereignty
Dual Sovereignty means that whatever the federal government does not make a law about, the states can act however they choose. That is why there is different state laws regarding the age of drinking alcohol, driving, the death penalty, and many more.