Download Constitutional Principles

Constitutional Principles
Constitution in Review
• Shifted power from states to national
government.
• Created national currency.
• Built in flexibility, ability to be changed.
• Belief in republican form of government.
Constitution
• Constitutional Convention shared beliefs in
basic principles of government
• Reflects fundamental values of democratic
system.
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Popular Sovereignty
Limited Government
Federalism
Separation of Powers
Checks and Balances
Popular Sovereignty
• Constitution begins with “We The
People”.
– Framers made it clear that power &
authority comes from the citizens.
– Lies at the heart of democracies.
Limited Government
• Framers still wanted to protect against
tyranny.
• Created plan to limit government’s power:
– Power is vested in institutions, not people.
– National government does not have absolute
authority.
• “Popular Sovereignty”: people give government power.
– Powers of government spelled out in Constitution.
– Government must obey laws
• “Rule of Law”
Federalism
• “The powers not delegated to the United
States by the Constitution, nor
prohibited by it to the states, are
reserved to the states respectively, or to
the people.”
– Amendment 10, of Constitution
Federalism
• Def: “the division of power between national & state
governments.”
– Federal Government: National Powers
– State Government: Local Issues.
• Federal Powers:
– “Elastic Clause”
• Article I, Section 8
– Gives Congress flexibility in dealing with the changing needs of the
nation.
– Listed in the Constitution
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Coin money
Regulate trade
Create & maintain armed forces
Conduct foreign policy
Declare war
Establish postal system
Federalism
• State Powers:
– Any power not given to federal government in
Constitution:
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Qualifications of voting
Conduct elections
Regulate trade within their borders
Create local government
Establish & maintain schools
• Shared Powers:
– Powers Constitution doesn’t grant/deny to either:
• Levying & collecting taxes
• Defining crimes
Federalism
• When in doubt, federal government wins!
– Supremacy Clause: Constitution and federal
government trumps state laws.
– Examples:
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Legalizing marijuana (1970, 2005)
Abortion (1970’s)
Drinking age of 21 (1984)
Legal limit being .08% (2003)
Drug testing in schools (2005)
Internet betting/internet pornography (2005-2006)
Separation of Powers
• Framers limited federal government by
dividing power into three branches:
– Legislative
– Executive
– Judicial
• System is referred to as separation of
powers.
Checks & Balances
• Each branch of government has power
to control the other two.
• Strengthens the separation of power &
further limits authority of federal
government.
– Importance of “Compromise”
Checks & Balances
• Checks by the legislature:
– Senate approves Cabinet members,
federal judges, ambassadors.
– Senate approves treaties
– Congress can override a presidential veto.
– Congress has impeachment powers.
– Congress can propose amendments to
override judicial efforts.
Checks & Balances
• Checks by the executive
– Veto power
– Call special sessions
– Recommend legislation
Checks & Balances
• Checks by the judiciary
– “Judicial Review”
• Power to declare acts of Congress or President
as unconstitutional.
• Not spelled out in Constitution.
Checks & Balances
• Checking the Power of the People:
– Limits the power of the people on
government.
– Voters would elect representatives directly
– State legislatures would choose Senators.
(17 amendment)
– State legislatures would choose electoral
college.