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LEGAL REASONING

FOR THE ENGLISH CLASSROOM


Seven Principles of the U.S. Constitution
WHAT IS LEGAL REASONING?
Legal reasoning is applying legal principles and past legal
decisions to analyze arguments and solve legal issues.

Legal reasoning aims to


create consistency and
fairness in the
application and
interpretation of laws.
WHY LEARN ABOUT
LEGAL REASONING IN ENGLISH CLASS?
In English class, students are often asked to identify and develop
arguments. Legal reasoning is an important extension of those concepts
and allows us to evaluate seminal U.S. texts in a more in-depth way.

Learning about legal reasoning can equip individuals


with valuable skills and knowledge that can be
applied in many situations.

It enhances critical thinking and empowers individuals


to understand their rights and obligations.
LEGAL REASONING AND THE U.S. CONSTITUTION
Constitutional principles play a fundamental role in understanding legal
reasoning in the United States. They provide the framework for the
interpretation and application of laws.
There are seven principles of the U.S. Constitution
that should be considered when reading arguments
in works of U.S. public advocacy:
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Federalism
Republicanism
Individual Rights
POPULAR SOVEREIGNTY
This concept can be found in the Preamble of the Constitution, and
it means the source of political power resides with the people.

The United States, along with


many other democracies around
the world, prioritize this
principle. It highlights the idea
that the government exists to
serve and represent the interests
of the people. Laws and policies
should reflect the will and
consent of the governed.
LIMITED GOVERNMENT

The principle of limited


government attempts to
prevent government abuse of
power and protect individual
rights. Limited government
also attempts to maintain a
balance between
governmental authority and
individual freedom.
SEPARATION OF POWERS
In the U.S. Constitution, there are three branches of government that
make, enforce, and interpret laws. Under the separation of powers,
each branch of government has a unique function. Below shows the
different branches, their main functions, and example federal roles.
Passes, changes, and House of Representatives,
Legislative Branch
repeals laws Senate

Carries out laws, runs


Executive Branch President
government day to day

Interprets laws,
Judicial Branch Supreme Court
settles arguments
CHECKS AND BALANCES
Each of the three branches
established in the separation of
powers has the power to check
or control the powers of the
other branches.

These separations prohibit


one branch of government
from becoming too powerful.
FEDERALISM
The word “federalism” means that the state governments are under a
central government. With federalism, these governments share powers.

Before the United States became a unified


country,it was first formed into colonies, which
later became states. A federal government was
formed along with a central Constitution.

In the tenth amendment in the U.S. Constitution,


there are guidelines for federalism. Article IV
addresses the roles and relationships between
the states and the federal government.
REPUBLICANISM

Republicanism in the context


of the U.S. Constitution is not
referring to the political party,
but the concept of
representative government.
This means citizens have the
right to vote for people who
share their opinions and views.
INDIVIDUAL RIGHTS
Personal freedoms are
guaranteed in the U.S. Bills of
Rights. Some of the individual
rights outlined include
freedom of speech, religion,
press, and due process within
the courts. These rights
cannot be taken away.
Understanding the U.S.
Constitutional principles
will not only help you
analyze arguments in
seminal texts of public
advocacy, but it will also
help you become a more
knowledgeable citizen.

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