Major Principles of the Constitution

4,500 words• Constitution blended ideas from the

past with uniquely American principles of governing

• Three main parts• Preamble—states broad goals• The seven articles—create structure of

the U.S. government• The amendments—27 changes added

during the nation’s history

Basic principles• Structure and language expresses six

basic principlesPopular sovereigntyLimited governmentSeparation of powersChecks and balancesJudicial reviewFederalism

The Constitution is the Blueprint

Framers believed if federal government reflected and remained true to basic principles, goals of U.S. Constitution could be accomplished.

• Government gets its authority from the people• Ultimate political power remains with the people• Creating a republic established the people’s authority

– Citizens did not have unlimited power– Not a direct democracy– Placed constitutional limits on popular sovereignty

• James Madison felt republic best way to guard against the dangers of factions

– Defined as number of citizens united by common interest– Could be minority or majority– Might act in a way that hurt the rights of other citizens or the interests of the

nation• Since factions certain to exist, must limit their effects

Popular Sovereignty

Popular sovereignty at heart of government • Each election is chance for citizens to exercise sovereignty• Elected leaders work for you; can vote to “fire” elected officials when you

step into voting booth• Important power—important responsibility• Citizens have obligation to vote wisely; choose leaders after thoughtful

deliberation

Republican form of government • Elected leaders represent broad and diverse group of citizens with

competing interests• Tend toward factions with broad interests• Not narrowly partisan ones

How is popular sovereignty expressed in the Constitution?

Answer(s): The Preamble begins with the words “We the People of he United States,” indicating that government gets its authority from the people.

• The powers of government are distributed between the national government and state governments—federalism

• Framers struggled to find acceptable distribution of powers with the rights of states and sufficient national government strength

• Two clauses spell this out, Article I, Section 8 and Article VI

• Advocates for states rights found clauses troubling—where was limit to federal power

• Amendment X addresses issue• Powers not delegated are reserved to

the states respectively, or to the people

Supremacy clause

• Language allows for strong federal government but guarantees states retain powers and rights

• Strong federal authority for national defense, disaster response, and highway construction accepted; disagreement with other issues

Flexibility

Federalism

Opposition to control• Most Americans opposed too much

government control of business or private activities

• Framers felt limited government promoted goals, protected individual rights

Part of Constitution• Principle of limited government spread

throughout • List of powers extensive, but powers

not listed are excluded• Powers are explicitly denied• Bill of Rights a safeguard

Definition • Principle that powers and functions of

government are restricted• Also know as rule of law—concept

that every member of society must obey the law; is never above it

Vigorous civil society• Works to constrain government

power; part of political process, helping educate and inform the citizenry

• Holds government accountable when it fails or exceeds power

Limited Government

Three distinct branches• Created to ensure powers of

government not concentrated in hands of a few officials or agencies

• Principle of separation of powers governing duties divided among three branches

Article II• Establishes duties of the executive

branch; the president, the vice-president, and the many executive departments

• Carries out laws passed by legislative branch

Article I • Creates and empowers Congress, the

lawmaking body of the nation• House of Representatives and Senate;

each with special powers• House has “power of the purse”

Article III• Establishes the judicial branch,

including the Supreme Court• Exercises the judicial power of the

United States; interprets and applies the law

Separation of Powers

• Each branch with own area of governmental responsibilities• Not completely separate from each other• Designed so none can dominate; no branch can control• “Common good” maintained—policies and actions that benefit all of

society, such as health, safety, and defense programs

• Checks and balances—each branch of government has the power to change or cancel acts of another branch

• System prevents exertion of too much power

System established• Congress checks executive by

controlling taxes and spending• Can reject nominations; approve

treaties• Congress given power to declare war;

limits president’s power

Balance

Checks and Balances

Executive branch• Power to veto, or reject, legislation • Threat of veto sometimes sufficient to

push revision of legislation so it has better chance of getting signed

• President can exercise veto power

Unconstitutional• Judicial branch can declare acts

unconstitutional—the power of judicial review

• Federal judges given lifetime terms; insulated from undue political influence

Veto limited• Congress can override veto with two-

thirds majority of both houses• If Congress can muster enough votes,

the bill passes

Judicial review balanced• President has power to make federal

judicial nominations• Congress has power to approve all

federal judicial nominations

Other branches have checks

Name at least one check or balance that each branch of government has on the

others.

Answer(s): legislative: can reject the executive branch’s job appointments; executive: can veto laws passed by legislative branch; judicial: can rule acts of other branches unconstitutional

Judicial review not mentioned in Constitution• Writers of Federalist Papers made it clear courts were to have such power;

an independent judiciary would serve as precaution against one branch becoming predominant over the others

• In 1803 the Supreme Court established the principle of judicial review with the landmark case Marbury v. Madison

Deciding constitutionality • Courts exercise judicial review—power to determine whether actions of

legislative and judicial branch are constitutional• Any law or government action (federal or state) found to violate a part of

the Constitution is said to be unconstitutional; act deemed illegal and cannot be enforced or carried out by the government

Judicial Review