●Asserts that when the Constitution, national laws, and treaties conflict with state or local laws, the firstthree 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 firsteffort, the Articles of Confederation, had been inadequate.○3) It articulates goals:“[to] establish Justice, insure domestic Tranquility, provide for the common defence, promote the generalWelfare, and secure the Blessings of Liberty to ourselves and our Posterity” ―in other words, the government exists to promoteorder 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 toindependent 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
Subscribe to view the full document.
●Specific examples of Separation of Powers and Checks and Balances.○Separation of Powers:■Example:●While federaljudges are appointedby the President(the executive branch), and confirmedby the Senate,they can be impeachedby the legislativebranch (Congress), which holds sole power to do that.○Checks and Balances:■Example:●The executivebranch possesses some legislativepower, and the legislativebranch possesses someexecutivepower.●Only Congresscan enact laws, but the presidentcancancelthem 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
○Dual Federalism:a view holding that the Constitution is a compact among sovereign states, so that the powers of the nationalgovernment and the states are clearly differentiated.
As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.
Temple University Fox School of Business ‘17, Course Hero Intern
I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.
University of Pennsylvania ‘17, Course Hero Intern
The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.
Tulane University ‘16, Course Hero Intern
Ask Expert Tutors
You can ask 0 bonus questions
You can ask 0 questions (0 expire soon)
You can ask 0 questions
(will expire )