How does government secure natural rights? We the People

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How does government secure
natural rights?
We the People
Objectives
• Identify the concepts of constitutional
government.
• Explain the essential characteristics of
constitutional government and how it differs
from other forms of government.
• Describe how the Founding Fathers fear over
the abuse of power led them to establish a
constitutional government.
Terms to Know
Using the internet:
1. define the following terms:
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Checks and balances
Common good
Constitution
Constitutional government
Explicit consent
Democracy
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Equal protections
Higher law
Limited government
Republic
Separation of powers
What Locke would say:
1. The main purpose of
government is to protect natural
rights=basic rights and that no
government can deny
2. Government gets the right to
govern through the consent of
the people.
We express our consent everyday
• 1787 we ratified the Constitution
• Immigrants move here for a better life and become
Naturalized citizens
• We choose to live here after birth and obey its laws
• We pledge the flag
• Vote in elections
• Serve in the military and/or perform community
service
A constitution = higher law
List the characteristics of a constitution:
1. Names basic rights (life, liberty & property)
2. Declares that government must protect these
rights
3. Limits the power of the government over its
citizens
4. These laws can only be changed by the
widespread consent of its people
Structure of the US Constitution
• Simple and brief
• 7,000 words
• Divided into three parts:
– Preamble (introduction)
– The Articles (provides the structure & rules)
– The Amendments (protect our natural rights and
reflect our changing world)
• Amendments 1-10 are called the Bill of Rights which
limit the power of the government
The Preamble
• Answers why the constitution was written.
• Identified six goals.
– To form a perfect Union, establish Justice, insure
domestic Tranquility, provide for the common
defence, promote the general Welfare, and secure
the Blessings of Liberty.
• Wanted a government that provides stability
and order, protects citizens’ liberties, and
serves the people.
Seven Articles
• Articles I, II, and III create the three branches of
government
• Article IV explains the relationship of the states to
one another and to the national government
• Article V describes how to amend the
Constitution
• Article VI contains the supremacy clause which
makes the Constitution and laws passed by
Congress as the “supreme law of the land”
• Article VII simply states that the Constitution will
take effect after 9 of the 13 states ratify it.
The Amendments
• Amendments are changes
• There are 27 currently
• The Bill of Rights limit the power of the
government
• This process allows the government to
respond to the changing needs of the nation
Major Principles of the Constitution
• The US is both a republic and a democracy
• Republic: a government in which supreme
power rests with the people and is exercised
by elected officers and representatives
responsible for upholding the common good
of society.
• Democracy: government by the people;
especially : rule of the majority
Major Principles of the Constitution
Federalism (Federal System)
divides power between the state
governments and the national
government.
Federal (national)
Government
State Government
The General
Assembly
(legislative)
TThe Pennsylvania
House of
Representatives
The Pennsylvania
Senate
The Governor
(executive)
The Pennsylvania
Court System
(judicial)
Congress
(legislative)
The U.S. House of
Representatives
The U.S. Senate
The President
(executive)
The Federal Court
System
(judicial)
Major Principles of the Constitution
Separation of Powers
• To prevent our government from abusing its
power, the Founders created a system of
distributed and shared powers between our
three branches of national government.
• Executive, legislative, and judicial
• Each branch has primary responsibility for
certain functions, but also shares these
functions and powers with other branches.
Major Principles of the Constitution
Checks & Balances System
• This long, slow process to
get things done often
appears inefficient;
however, the Framers
planned this to be an
advantage.
• This system prevents one
branch from abusing
another and when a
decision is made, it is often
the best one for the
country.
Major Principles of the Constitution
• Judicial review
– Federal courts have the power to declare laws and
actions of local, state, or national governments
invalid if they violate the Constitution.
– The Supreme Court is the final authority.
Constitutional government
• Limited governments have established and
respected restraints on their powers.
– For example, laws and free and frequent elections
• Unlimited government is the opposite where
those who govern are free to use their power
anyway they see fit. There are NO laws or
elections for those that govern.
– For example, tyrants, dictators, and totalitarian
rulers
Major Principles of the Constitution
• Limited government: NO one is above the LAW!
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