2/2/2016 Principle Definition Popular Sovereignty Limited Government Example or put it in your own words The people are the only source of governmental power. Government can only govern with the consent of the governed. Government is not all-powerful - it can only do what the people have given it permission to do Powers of the National Government are distributed Separation of among the three branches. Powers Checks and Balances Each branch has certain powers with which it can check the operations and balance the power of the other two branches. Judicial Review The power of a court to determine the constitutionality of a governmental action - power to declare something unconstitutional Division of power among a central government and several regional governments Federalism Branch Purpose Branch Purpose Legislative Makes laws Legislative Makes laws Executive Enforces the laws – makes sure laws written by the legislative are followed Executive Enforces the laws – makes sure laws written by the legislative are followed Judicial Judges the laws – evaluates the laws for constitutionality Judicial Action Congress makes a law Judges the laws – evaluates the laws for constitutionality What branch checks it? How is it checked? Executive Sign or Veto President chooses a new Secretary of State Legislative Senate approves The president is no longer doing his job efficiently Legislative Can impeach A law is created that is unconstitutional Judicial Overturn it There is a vacancy in the Supreme Court Executive President appoints, with senate approval 1 2/2/2016 Action Congress makes a law What branch checks it? Executive How is it checked? Sign or Veto President chooses a new Secretary of State Legislative The president is no longer doing his job efficiently Legislative A law is created that is unconstitutional Judicial Overturn it There is a vacancy in the Supreme Court Executive President appoints, with senate approval Senate approves Can impeach Judicial Review exists in two primary forms: judicial activism and judicial restraint. 1. Judicial Activism a philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent Judicial Restraint A philosophy of judicial decision-making in which judges maintain a hands-off approach to the Constitution; laws should be rarely ruled unconstitutional and past precedent should be the guiding theory in judicial decision. Willing to rule laws unconstitutional. 2. 3. 1. 2. 3. Treat the Constitution as a living document Favors the 9th Amendments – more rights than those listed Unwilling to rule unconst. – use precedents to guide decisions Treat the Constitution as an historic document Favors the 10th Amendment – powers reserved to the states AMENDING THE CONSTITUTION Propose Ratify 2/3 of congress 3/4 of state conventions 2/3 of state conventions 3/4 of congress Supreme Court Stories Explain the background of Marbury v. Madison In three sentences In one sentence In ten words or less Explain the significance of Marbury v. Madison In two sentences In ten words or less 2
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