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THE CONSTITUTION
Key Constitutional Principles
Concept 1: Separation of Powers
A way of dividing power among three branches of government in
which members of the House of Representatives, the Senate, the
president, and the federal courts are selected by and responsible
to different constituencies.
Concept 2: Checks and Balances
A government
structure that gives
each of the three
branches of
government some
degree of oversight
and control over the
actions of the others
Concept 3: Federalism
System of government in which power is divided between the
national government and the state governments and in
which independent states are bound together under one
national government
Principles of the Constitution
•Federalism
•Why was this feature essential to include?
•How did this lead to the rise of political
parties?
•Examples in the Constitution?
•How is the amendment process a good
example?
The Amendment Process
Proposal
Ratification
2/3 of both
Houses of
Congress
3/4 of State
Legislatures
2/3 call a
National
Convention
3/4 of State
Ratifying
Conventions
Constitution
Amended
Concept 4: Limited Government
A type of
government
in which its
functions and
powers are
written,
limited, and
restricted by
law to
protect the
citizenry.
National Government
• May not violate the Bill of Rights
• May not impose export taxes among states
• May not use money from the Treasury without
the passage and approval of an appropriations
bill
• May not change state boundaries
State Government
• May not enter into treaties with other countries
• May not print money
• May not tax imports or exports
• May not Impair obligations of contracts
• May not suspend a person's rights without due
process
Principles of the Constitution
• Limited Government
• Examples in the Constitution?
•Habeas corpus
•No Bill of Attainder
•No ex post facto law
•Trial by jury in criminal cases
•Full Faith & Credit clause
•No religious test for office
•Extradition
Concept 5: Popular Sovereignty
Idea that the people have ultimate
authority over our government.
• Voting
• Campaigning
• Running for office
• Canvassing
• Petitioning the
government
Principles of the Constitution
•Popular Sovereignty
•Examples in the Constitution?
•House
•Examples of limits & mistrust?
•Restrictions on electorate
•Senate
•Electoral College
•Amendment Process
Concept 6: Judicial Review
The power of the national
judiciary to declare
whether laws and actions
are in violation of the
Constitution.
Power is implied through
the Court’s power to
interpret the laws.
vs.
Principles of the Constitution
•Judicial Review
•Origins? Politics?
•How does this “Flow” with the
Framers’ intentions?
•How does it aid democracy?
•How is this a limitation of
democracy?
Principles of the Constitution
• Why include these Principles?
• Aristotelian view: Gov’t should
improve human nature by
cultivating virtue.
• Madisonian view: This type of
Gov’t too strong &
dangerous…self-interest must
prevail with limits.
Cartoon #1
Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #2
Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #3
Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?
Cartoon #4
Which constitutional principle is represented in this cartoon? What is the message the
cartoonist is trying to get across? What symbols does the cartoonist use?