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Transcript of Limited Government
1ST Hour Coach Frank
Police need a warrant to enter your home.
the government can't stop you from peacefully protesting.
The government can't torture you.
The government must give you a jury trial
Government, restricted with reference to governing powers by limitations prescribed in laws and in a constitution.
How is Limited Government used today?
The United States Constitution of 1787 created a government limited by the terms of the written document itself, by the election by the people of the legislators and the executive, and by the checks and balances through which the three branches of government limited each other's power.
Examples of Limited Government
The first amendment, prohibiting the government to restrict our freedom of speech
Seperation of powers
need a warrant to enter your home
The theory of limited government contrasts with the idea that government should intervene to promote equality and opportunity through regulation of property and wealth redistribution contrasts with the idea that government should intervene to promote equality and opportunity through regulation of property and wealth redistribution.
Six Basic Principles of the Constitution
What is Federalism
A system of government in which a written constitution divides the powers of the government on a territorial basis, between central government and several regional governments usually called states or provinces.
What is Judicial Review?
Federalism in the constitution
Federalism is found in Article 2 Section 1, Clause 1 of the Constitution.
Article 2 Section 1 Clause 1 states that the executive power shall be vested in the president of the United States.
Clause one is a "vesting clause," similar to other clauses in Articles One and Three, but it vests the power to execute the instructions of Congress, which has the exclusive power to make laws.
Popular Sovereignty is the principle that the authority of the government is created and sustained of the consent of its people,or elected representatives who are the source of all political power.
Who Created it
Framers created our federal government at the Philadelphia Convention is 1787.
Framers wanted a strong national government, but knew the importance of limiting federal powers.
What is our government
Powers to the Federal Government can be found in Amendments 13, 14, 15, 19, 24, 26.
If changes need to be made to the division of powers,both levels have to work together.
Judicial Review is the power of the United States Supreme Court to compare acts of Congress, the Executive Branch, and State Governments, with the U. S. Constitution. This means in effect that the Court can overturn any act of Congress or state law if the court believes that that act violates the Constitution. By "overturn" what we mean is that they can refuse to enforce that act in court.
Article 1 Section 10 places limits on the States.
One limit is that states may not exercise certain powers reserved for the federal government.
They may not enter treaties.
Why did Judicial Review survive?
Separation of power
When Justice John Marshall announced his decision in Marbury, the U. S. Supreme Court was a very weak institution. The Judicial branch was dominated by Federalists, whereas the Presidency and Congress were held by Democratic-Republicans, and as a consequence the branches with real power were hostile to the court. Marshall could not enforce his decision. Yet Marshall's view ultimately prevailed. Why? Two motives have tended to strengthen the idea of judicial review over the last two centuries.
The principle or system of vesting in separate branches the executive, legislative, and judicial powers of a government.
Judicial Review was created through a decision made in the case Marbury vs. Madison. This legal process involves examining and reviewing court actions and outcomes. Judicial Review is set in place for protection and accuracy in the legal system.
What is Separation of power?
The principle of separation of powers states that the executive, legislative, and judiciary powers of government should be divided into different branches and not concentrated in one.
How was Judicial Review created?
What is Checks an Balances?
Why do we need separation of powers?
Its most critical purpose is to prevent misuse of power. If there is too much power in the hands of the President, it can lead to abuse.
Who Created It
Government is split up into three different branches, each with equal power.
Popular Sovereignty was popularized by Stephen A. Douglas and was termed "Squatter Sovereignty" by John C. Calhoun.
Judicial review is important because laws passed need to be checked to make sure they are constitutional. This review is performed by members of the Supreme Court.
How is Judicial Review important?
How Popular Sovereignty affects our constitution
The various procedures set in place to reduce mistakes or improper behavior. Checks and balances usually ensure that no one person or department has absolute control over decisions, and clearly defines the assigned duties. The existence of checks and balances within an organization prevents any one person or department from having too much power, and forces cooperation in completing tasks.
How was checks an balances created?
There is no exact date, when the concept of checks &
balances can be said to have been 'created'. The first political there is not exact date when it was created