Aim #17: What are the KEY Constitutional principles?

(I) Background to Constitutional Conventiona. Purpose was to: REVISE the Articles of

Confederation

b. Each state (with the exception of Rhode Island) sent delegates

c. George Washington was elected chairperson

d. Delegates voted to conduct the meetings in secret

(II) THE PREAMBLE: Intro. To Constitution

a. It States basic purposes of government1. Establish justice2. insure domestic tranquility (in response to

Shays’ Rebellion)3. Promote general welfare4. Promote common defenseb. Authority of government comes from the

people

(III) Constitutional Principles

a. Popular sovereignty and republicanism

1. Popular Sovereignty means the government is controlled by the people (found in Preamble…”We the People…”)

Example(s) – People can run for office, campaign for individuals who run, or protest decisions made by other, and vote.

b. Republicanism

1. Republicanism means people vote for people to represent their views in Congress.

2. Found in Article I of the Constitution

Example: In our country, we have voted for 435 Representatives and 100 Senators. They make our nation’s laws.

c. Separation of Powers

1. powers of government divided into 3 branches, Executive, Legislative, and Judicial.

2. Found in Articles I, II and III of the Constitution

d. Checks and Balances

e. What are Individual Rights?

1. Individual Rights are personal liberties and privileges that people are born with and can not be taken away.

2. Found in Bill of Rights

1. Federalism is a system of government in which powers are shared by the national and state governments.

2. Found in the 10th Amendment (reserved clause) (all powers not delegated to the federal government are reserved to the states)

f. Federalism

(IV) (IV) The Constitution as “Living The Constitution as “Living Document”Document”

a.a. Amendment ProcessAmendment Process

1. 11. 1stst 10: Bill of Rights 10: Bill of Rights Extremely hard Extremely hard

process to amend the process to amend the Constitution.Constitution.

Results in only Results in only 2727 amendments in over amendments in over 225 years. 225 years.

School House Rock! Billhttp://www.postdiluvian.org/~gilly/Schoolhouse_Rock/pix/bill.jpg

Living DocumentLiving DocumentKey Amendments: Bill Of Key Amendments: Bill Of RightsRights

Includes freedom of Includes freedom of speech, the press, religion, speech, the press, religion, assembly, the right to assembly, the right to bear arms, protection bear arms, protection from unreasonable search from unreasonable search and seizure, trial by jury, and seizure, trial by jury, and more. and more.

Bill Of Rightshttp://www.corliss-lamont.org/tbor-prt.gif

Living DocumentLiving DocumentKey Amendments: Civil War Key Amendments: Civil War AmendmentsAmendmentsAmendments Amendments 13-1513-15..Ended Ended slaveryslavery, ,

guaranteed slaves guaranteed slaves citizenship and equal citizenship and equal rightsrights, and guaranteed , and guaranteed the right to vote the right to vote regardless of regardless of racerace. .

13th Amendment: Emancipationhttp://www.loc.gov/rr/program/bib/ourdocs/Images/13th.jpg

b. b. The Elastic ClauseThe Elastic Clause..

1.1. ““The Congress shall have power…to The Congress shall have power…to make all laws which shall be make all laws which shall be ““necessary and proper” necessary and proper” for carrying into for carrying into execution the foregoing powers…” execution the foregoing powers…”

This means This means Congress can stretch its Congress can stretch its powers to pass laws to change with powers to pass laws to change with society.society.

Article I, Section 8, Clause 18.Article I, Section 8, Clause 18.

c. c. Commerce ClauseCommerce Clause..

1. Regulate trade with other nations and 1. Regulate trade with other nations and between states.between states.

Article I, Section 8, Clause 3.Article I, Section 8, Clause 3. Allows the laws to keep pace with Allows the laws to keep pace with

technological and economical changes. technological and economical changes.