Lesson 5
LESSON 2
Basic Principles of the Constitution
The Preamble of the Constitution
We the people . . . Our government is given power by the people who elect representatives to make and enforce the laws.
The goals: establish justice
• Example – civil rights legislation, search and seizure, trial by jury, right to sue
insure domestic tranquility
• Example – no rioting in the streets; no group can coerce another group into doing their bidding
provide for the common defense
• Example - Military, national guard
promote the general welfare
• Example - Health care, welfare, social security
secure the blessings of liberty to ourselves and our children
• Example – freedom of speech, religion, etc.
The Basic Principles of the Constitution
Popular sovereignty
• The power is given to the government by the people
• People must agree to follow the laws to make this work
Limited government
• Governments must obey the laws
• Governments only have the power given to them by the people
Separation of Power
• Power is divided between the executive (president), the legislature (Congress), and the Judicial (Supreme Court) branches
Checks and Balances
• Each branch has the power to stop another branch from acting
• Framers did not want any one branch to become too powerful
Judicial Review
• The Supreme Court looks at laws to make sure that they follow the Constitution
Federalism
• Power is shared between the national government and the state
• States can make their own laws if they don’t conflict with national laws
The Bill of Rights
In order for the original 13 states to ratify (agree) to the Constitution, the Bill of Rights was added to protect the rights of the individual.
Amendment 1 - Right to freedom of speech, religion, press, peaceful assembly, petition the government
Amendment 2 - Right to own and use weapons, but the government can regulate
Amendment 4 - Government may not search or take a person’s property without a warrant
Amendment 5 - A person may not be tried twice for the same crime; you have the right to not incriminate yourself
Amendment 6 - A person has the right to a speedy trial, an impartial jury, and a lawyer
Amendment 8 - A person is protected from cruel and unusual punishment
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