The Six Basic Principles

3.1

7 Questions (we will come back to these)

How is the Constitution organized? How is the U.S. government one that practices

popular sovereignty? What does it mean to suggest the U.S. has a

limited government? How does the separation of powers principle

work in our government? List one check that each branch has on another. How did the courts gain the power of judicial

review? How was federalism the framers answer to

concerns of a strong central govt.?

The Constitution

brief & straightforward. Nation's fundamental law. "Supreme Law of the Land", meaning

highest form of law in U.S.

Outline

Sets out how government works. Strength is it deals largely with basic

principles, not weighted down with many details.

First: The Preamble states the purpose of the Constitution.

Articles 1-7.

Articles of the Constitution

Article I: Legislative BranchArticle II: Executive BranchArticle III: Judicial BranchArticle IV: Relations among the States

& national govt.Article V: Amending the ConstitutionArticle VI: National debts, supremacy

of national law, & oaths of officeArticle VII: Ratifying the Constitution Followed by the 27 Amendments

Six Basic Principles

Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism

What’s the value of basing such a document on a set of principles rather than detailed provisions?

Popular Sovereignty

All political power w/ the people. "consent of the governed“. "We the People" gets it started. Govt. draws its power from the

people of the U.S. Same idea applies to State govts.

Limited Goverment

Govt. is not all-powerful. Govt. can only do what people have

given it power to do. The other side of pop. sov. ---> just

stated the other way around. Often called Constitutionalism.

Govt. must obey the law Also called Rule of Law

Much of the Constitution is a statement of limited govt. (what it can't do)

Separation of Powers

Distribution of powers. 3 separate and independent

branches. Congress, the President, and the

courts.Lawmaking branch, law-executing

branch, law interpreting branch. Created w/ Articles I, II, & III.

Checks & Balances

Separate but co-equal. (tied together)

Each branch subject to restraints of other branches.

Makes compromise necessary. To prevent an unjust majority. Used less frequent when President

and Congress are same party.

Judicial Review

Power of the courts to determine the constitutionality of an action.

Unconstitutional. Established by the Supreme Court in

Marbury v. Madison (1803). Held by all federal courts & most

State courts. Courts check on other branches.

Federalism

Division of power among a central & several regional govts.

Framers solution to colonist concerns over a central govt. States retain power & allows for a

stronger, more effective govt.

7 Questions

How is the Constitution organized? How is the U.S. government one that practices

popular sovereignty? What does it mean to suggest the U.S. has a

limited government? How does the separation of powers principle

work in our government? List one check that each branch has on another. How did the courts gain the power of judicial

review? How was federalism the framers answer to

concerns of a strong central govt.?