Asserts that when the Constitution national laws and treaties conflict with

Asserts that when the constitution national laws and

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Asserts that when the Constitution, national laws, and treaties conflict with state or local laws, the first three take precedence over the last two. Four elements of the Preamble. 1) It creates a people: “We the people of the United States” was a dramatic departure from a loose confederation of states. 2) It explains the reason for the Constitution: “in order to form a more perfect Union” was an indirect way of saying that the first effort, the Articles of Confederation, had been inadequate. 3) It articulates goals: “[to] establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity” in other words, the government exists to promote order and freedom. 4) It fashions a government: “do ordain and establish this Constitution for the United States of America.” Principles of the Constitution: Federalism, Republicanism, Separation of Powers, Checks and Balances. Federalism: the division of power between a central government and regional governments. Republicanism: a form of government in which power resides in the people and is exercised by their elected representatives. Separation of Powers: the assignment of lawmaking, law-enforcing, and law-interpreting functions of government to independent legislative, executive, and judicial branches. Necessary to ensure that one branch does not dominate the government. One branch cannot exercise the powers of other branches. Checks and Balances: a means of giving each branch of government some scrutiny of and control over the other branches. 8
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Specific examples of Separation of Powers and Checks and Balances. Separation of Powers: Example: While federal judges are appointed by the President (the executive branch), and confirmed by the Senate , they can be impeached by the legislative branch (Congress), which holds sole power to do that. Checks and Balances: Example: The executive branch possesses some legislative power, and the legislative branch possesses some executive power. Only Congress can enact laws , but the president can cancel them through the veto power and the courts (by finding that a law violates the Constitution) can strike them down . Federalism: What is federalism? Federalism: the division of power between a central government and regional governments. Powers were meant to be exclusive or shared . Types of federalism and important characteristics (Dual, Cooperative, Coercive). 9
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Dual Federalism: a view holding that the Constitution is a compact among sovereign states, so that the powers of the national government and the states are clearly differentiated.
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  • Spring '17
  • UNKNOWN
  • Government, United States Congress, ​ immunity

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