Checks and Balances, Separation of Powers, Federalism, and Principles of the Constitution

Checks and Balances

  • The separate branches of government watch over each other to ensure no one part of government is too powerful.

  • Executive: The President can veto a law (not sign it).

  • Legislative: Can override the President’s veto with a 2/3 vote in BOTH the House and Senate.

  • Judicial: Courts can declare a law unconstitutional; the law must be revised by Congress and signed by the President.

Separation of Powers

  • The functions of governing are divided between the branches, each with its own powers.

  • Executive: Enforces the laws (President).

  • Legislative: Makes the laws (Congress).

  • Judicial: Interprets the laws (Courts).

  • There are 3 Branches of government which are different than the 3 Levels of government.

  • The President enforces, executes, and carries out the laws.

Federalism

  • Federalism is when two or more levels of government operate together and share powers over citizens.

  • The 3 levels of government include:

    1. Local

    2. State

    3. National

  • 3 Branches of government is different than the 3 Levels of government.

Enumerated Powers (also called expressed powers)

  • Powers specifically stated in the Constitution and given to the Federal Government.

  • Examples include:

    • Declare war

    • Make peace

    • Make treaties

    • Naturalization and citizenship

    • Immigration

    • Printing currency (money)

    • Regulate interstate commerce (trade between states)

    • Postal system

Concurrent Powers (also called shared powers)

  • Powers shared by the state and national government.

  • Examples include:

    • Making laws

    • Enforcing laws

    • Borrowing money

    • Taxing

    • Providing for welfare and safety of citizens

Reserved Powers

  • Powers given to the state governments.

  • Examples include:

    • State commerce (intrastate commerce – trade within the state)

    • Education

    • Local government

    • Control voting

    • Welfare and safety of citizens

Limited Government

  • Belief that a government’s powers should be limited.

  • The rule of law: the law applies to everyone, even leaders.

  • Protects against abusive government.

  • Majority rule is not always acceptable.

  • Prevents abuse by factions.

  • Powers not listed in the Constitution are reserved for the people and states.

  • Impact on minority groups: race, religion, national origin.

Popular Sovereignty

  • The right of the people to rule themselves by voting.

  • PEOPLE RULE!

  • Practiced by voting.

  • Direct democracy: history of town meetings to practice self-government.

  • Representative democracy: carried out through elections.

  • Elected representatives rule on our behalf.

  • For "popular sovereignty" to work, citizens must get involved. Voice your opinion…Vote!

Six Big Ideas of the Constitution

  • Limited government: Government can only do what the people/Constitution allow it to do.

  • Rule of Law: No one is above the law, including leaders.

  • Checks and balances: The 3 branches of government check the power of the others.

  • Federalism: All of the levels/branches of government working together.

  • Separation of powers: Different branches of government have different powers.

  • Protection of Minority (popular sovereignty): Protecting our Rights

Review Articles of the Constitution

  • Article 1: Legislative Branch (Congress) and their powers

  • Article 2: Executive Branch (President) and their powers

  • Article 3: Judicial Branch (Courts) and their powers

  • Article 4: Relationship between the 50 states

  • Article 5: Amendment Process

  • Article 6: Constitution is the supreme law of the land (country)

  • Article 7: How to ratify (pass/approve) the US Constitution