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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?