Download The Constitution

The Constitution
The Six Basic Principles
The Six Basic Principles





Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review


Marbury v. Madison
Federalism
End Show
Popular Sovereignty


Preamble of the Constitution: "We the People
of the United States... do ordain and establish
this Constitution for the United States of
America."
The National Government draws its power
from the people of the United States, and the
people have given their government the
power that it has through the Constitution
Popular Sovereignty



In the United States, all political power
resides in the people
The people are sovereign, the only source for
any and all governmental power
Government can govern only with the
consent of the governed
Limited Government



The government may do only those things
that the people have given it the power to do
The people are the only source of any and all
of government's authority; and government
has only that authority the people have given
to it
How is this similar to Popular Sovereignty?
Limited Government



Constitutionalism: government must obey the
law, the government must be conducted
according to constitutional principles
Rule of law: government and its officers are
always subject to-never above-the law
Example of implementation: Bill of Rights,
First Amendment ("Congress shall make no
law...")
Separation of Powers


Presidential system: power is divided into
three branches (legislative, executive,
judicial)
Power is distributed among these three
distinct branches of government
"The accomodation of all powers, legislative,
executive, and judiciary, in the same hands,
whether of one, a few, or many... may justly
be pronounced the very definition of tyranny."
James Madison
Checks and Balances



Although each branch is distinct,
they are not separate and independent
Each branch is given specific powers by the
Constitution that check the other two branches
System of constitutional restraints that prevent any
one branch from becoming too powerful
Judicial Review



The power of a court to determine the
constitutionality of a government action
If they declare it unconstitutional it is then null
and void, or with no effect
Held by all federal courts and most state
courts (is NOT held by the
lowest state courts, such as
the justice of peace courts)
Marbury v. Madison 1808





President Adams appointments
Madison refused to honor the appointments
William Marbury (appointed by Adams to
Justice of Peace) took Madison to court
Supreme Court ruled in favor of Madison, and
established Judicial Review
The majority of court decisions have upheld
governmental actions
Federalism


The division of power
among a central government
and several regional governments
How do you create a new, stronger, more
effective National Government while
preserving the existing states and the
concept of self-government?