Separation of Powers

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THE U.S. CONSTITUTION
Name: _______________________________
Basic Themes Found throughout the U.S. Constitution – NOTES
I. Separation of Powers (“Three Branches of Government” and “Separate Institutions Sharing Separate Powers”)
* A model of government where the State is divided into branches, each with independent powers and areas of responsibility – in theory, no one branch
has more power than the other branches (a legislature, an executive and a judiciary).
1.) How is this theme established in the Constitution? EXAMPLES?
II. ‘Checks and Balances’ (term was coined by Montesquieu)
* To prevent one branch from becoming supreme and to encourage the branches to cooperate, governments that employ a separation of powers
typically also use a system of “checks and balances” (allows each branch to limit the power and influence of another).
1.) How is this theme established in the Constitution? EXAMPLES?
III. Representative Republicanism
* A variety of democracy founded on the principle that elected officials (representatives) represent groups of people (constituents), as opposed to direct
democracy.
1.) How is this theme established in the Constitution? EXAMPLES?
IV. Federalism (“Reciprocity Among the States and Federal Government”)
* System of government in which sovereignty is divided between a national governing authority and constituent political units (such as states) – where
the power to govern is shared between the national and state governments. System is usually bound together by a constitution.
1.) How is this theme established in the Constitution? EXAMPLES?
V. Popular Sovereignty
* Concept focused on the idea that the authority of the government is created and sustained by the consent of its people, or elected representatives
(who are the source of all political power)!
1.) How is this theme established in the Constitution? EXAMPLES?
VI. Limited Government
* A type of government where the role, systems, procedures and powers of the government are given and limited by a written constitution (government
only has the powers that the people give it).
1.) How is this theme established in the Constitution? EXAMPLES?
VII. Judicial Review
* A legal principle under which legislative (Congress; the legislative branch) and executive (President; the executive branch) actions are subject to review
(and possible invalidation) by the judiciary (Supreme Court; federal courts).
1.) How is this theme established in the Constitution? EXAMPLES?
The United States Constitution
Name: _____________________________
Basic Examples of Constitutional Themes
Directions: By yourself, with a partner, or in your groups, place each example given into the correct theme that we
discussed in class. There may be more than one answer for each statement.
CB. Checks and Balances
FED. Federalism
JR. Judicial Review
LG. Limited Government
PS. Popular Sovereignty
RR. Rep. Republicanism
SP. Separation of Powers
1.) ___________ Neither a state nor the Federal government may prevent people from expressing their opinions.
2.) ___________ MOST criminal laws are passed by the states.
3.) ___________ The POTUS is elected by the people every four years.
4.) ___________ The United States Senate confirms presidential appointments.
5.) ___________ The Federal government provides the rules and regulations for bankruptcy throughout the 50
states.
6.) ___________ The Supreme Court does not have executive power to carry out its rulings.
7.) ___________ Freedom of speech and religion is guaranteed by the First Amendment.
8.) ___________ The national government coins and prints money for the States.
9.) ___________ The Supreme Court struck down sodomy laws as unconstitutional.
10.) ___________ The POTUS signs or vetoes bills passed that have been passed by both chambers of Congress.
11.) ___________ Article I, Article II, and Article III of the U.S. Constitution.
12.) ___________ Representation in the United States House of Representatives.
13.) ___________ The United States Bill of Rights.
14.) ___________ The United States Senate confirms appointments that are made by the POTUS.
15.) ___________ The Supreme Court overturned a Texas law prohibiting abortion.
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