Basic Principles of the Constitution

Chapter 2:iii

Reasons for the success of the Constitution

• is both simple and complex

• is clear and definite in principle as well as being flexible and open to interpretation

Preamble

• describes the principle of American government:

-supreme power rests with the people

-known as popular sovereignty

The authors of the United States Constitution took a dim view of human nature.

They looked with skepticism at the people’s ability to govern themselves.

“If men were angels, there would be no need of government at all.”

- James Madison

“[Democracy is] the worst of all political evils.”

- Elbridge Gerry

“The people have ever been and ever will be unfit to retain the exercise of power in their own hands.”

- William Livingston

Concerns of the constitutional convention

• too much democracy could lead to chaos

- needed to be checked

Solution for avoiding chaos:

have a republican form of government

What is a republican government?

• also known as representative democracy

• the people elect representatives to “speak for them”

• power is loaned to those elected• was a compromise

federalism

• system of government where power and authority are constitutionally divided and shared by a national government and state governments

national supremacy

• state governments must accept that the national government is above them

• state governments may not pass laws or act in any way that goes against the Constitution

delegated powers

• specific powers allowed the central government by the constitution

powers delegated to thecentral government

• levy and collect taxes• coin money• regulate trade• declare war• establish a post office• admit new states• govern territories

implied powers

• powers which may reasonably be inferred from the delegated powers as belonging to the national government

Where in the Constitution is the source of the government’s implied powers?• Article 1, Section 8Congress shall have the power “to

make all laws which shall be necessary and proper for carrying into execution the foregoing [delegated] powers . . . .”

“It was impossible to confine a government to the exercise of expressed powers; . . . there must necessarily be admitted powers by implication, unless the Constitution is forced to list every trivial detail.”

- James Madison

reserved powers

• powers not given to the United States by the Constitution which are reserved to the states or to the people

concurrent powers

• powers which are exercised simultaneously by both the national and state governments

separation of powers

• major functions of government are divided into three distinct parts

• protects human freedoms by preventing the abuse of power

“Give all power to the many, and they will oppress the few. Give all power to the few, and they will oppress the many.”

- Alexander Hamilton

What are the three branches of United States government?

• legislative

• executive

• judicial

What is the function of each of the three branches of the United States government?

• legislative

• executive

• judicial

- to make laws

- to carry-out laws

- to interpret laws (Constitutional and national laws)

checks and balances

• a system whereby each branch of government exercises a check upon the actions of the others

What is a veto?

It is when a president rejects a bill passed by Congress.

Can Congress still pass a law without presidential approval?

Congress can override a veto by a two-thirds vote of its members.

“In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

- James Madison