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Holt - Gov Ch 3

The Constitution

Rachel Gunther

on 27 January 2012

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Transcript of Holt - Gov Ch 3

THE CONSTITUTION 6 Goals of the Constitution - found in the preamble 1. 2. 3. 4. 5. 6. "form a more perfect union" - resolve the problems of the AoC by creating a federal form of power distribution "establish justice" - create reasonable and fair laws that are equally enforced "ensure domestic tranquility" - keep peace and maintain order "provide for the common defense" - defend the nation against foreign enemies "promote the general welfare" - provide protection and security for the basic wellbeing of the nation "secure the blessings of liberty" - preserve the natural liberties belonging to all what if the constitution isn't working?! if the constitution establishes our govt (it does!) then how do we change the constitution? when something is wrong??? - the constitution AMENDING by Congress, with the approval of at least two-thirds of the House and two-thirds of the Senate

by delegates at a national convention that is called by Congress at the request of at least two-thirds of the state legislatures 1. 2. once proposed, there are
ways to ratify the amendment proposing the amendment Federalist Paper #10 A republic is necessary to guard against the faction of a majority in which tyranny would reign. In all things, a republic is better than a democracy. summation "By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community." Establishing a Republic Not a democracy! faction - group of ppl more interested in their own wants than the general welfare of the people Federalist Paper #10 some vocab: republic legislators are elected to represent a large group of people Democracy majority rule How are these goals met? 6. 6 principles of the constitution federalism - govt pwr shared btwn nat'l govt and state govts 1. 2. 3. 4. 5. popular sovereignty - govt derives (gets) its pwr from ppl; today there are very few limits on ability to vote limited government - govt power is restricted to prevent abuse of pwr on individual liberties separation of powers - govt pwr is distributed among 3 branches - leg, jud, exec - to prevent concentration of pwr checks and balances - each branch has the ability to restrain the actions of the other two branches judicial review - a check on the legislative branch; the judiciary has the power to strike down laws and other government actions as invalid under the constitution rule of law article 1 section 8 enumerates (lists) the powers of congress; article 1 section 9 explicity lists the restrictions on congress established in marbury v madison national power state power supremacy clause - US constitution is highest law of the land necessary and proper clause - congress has the power to do what it needs to carry out its powers 1. 2. 10th amendment 1. these restrictions are determined by the state! no felons must be a resident limited govt - english heritage!!! limited govt - english heritage!!! YOU MUST KNOW THIS!!!!!!!!!!!!!!!!!!!!!!!! remember that guy montesquieu? Executive Judicial Legislative (cc) photo by medhead on Flickr YOU MUST KNOW!!!!!! THIS WILL BE ON YOUR TEST!!!! judicial review not written explicitly in the constitution if you do not understand federalism, NOW is the time to let me know!!!! legal speak for: change the constitution first, someone's gotta come up with a new one...
like no slaves! no alcohol! wait, bring back alcohol! women can vote!
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