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Six basic principles of the US Constitution

Six basic principles of the US Constitution. 1) Popular Sovereignty. Answers the vexing question of sovereignty – why are you charge? Preamble: “We the People . . . do ordain and establish this Constitution”

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Six basic principles of the US Constitution

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  1. Six basic principles of the US Constitution

  2. 1) Popular Sovereignty • Answers the vexing question of sovereignty – why are you charge? • Preamble: “We the People . . . do ordain and establish this Constitution” • Organization and timing of Presidential and Congressional elections carefully spelled out • States guaranteed a Republican form of government

  3. Sounds good . . . • But what might be a downside to popular sovereignty?

  4. Tyranny of the Majority • What if the people become a source of tyranny to minorities (racial, religious, economic, gender, sexual orientation)? • Madison was most concerned about the targeting of the rich, but also a firm believer in protecting religious minorities. • So the Constitution checks popular sovereignty by . . .

  5. 2)Limited Government • Constitutionalism – government is limited to the powers given to it by the constitution • Rule of law – that everyone, even elected officials, in answerable to the law.

  6. 3) Separation of Powers • Functions of government divided up • Congress – write the laws • President – enforce the laws • Courts – interpret the laws • Constituency varies • House – interests within the state • Senate – interests of the whole state • Presidency – interests of the whole country • Courts - ????

  7. 4) Checks and Balances • Not only do you divide up functions of government , but you pit each branch against each other • “So that ambition could be made to counter ambition” – Federalist 10, James Madison • Uniquely American idea

  8. Checks and Balances • President – Veto, enforcement (against Congress) enforcement, nominate members of courts (against federal courts) • Congress – legislative initiative, appropriations, impeachment, confirmation of nominees, veto override (against President) Confirmation of court nominees, legislative initiative (against federal courts) • Courts – Judicial review and life term (against Congress and the President)

  9. 5) Judicial review • Ability to void action of Congress and/or President (as well as the states) • Not explicit to the Constitution, but to some extent expected • Court has struck down about 150 acts of Congress but more tan a thousand state laws • Enforcement?

  10. 6) Federalism • Division of power between state and federal levels of government • Reflection of the political reality when the Constitution was created • Births, marriages, divorces, contracts, the bulk of criminal and civil law all happen at the state level • But if a state law conflicts with either federal law or the US Constitution then the state law is voided under the Supremacy Clause

  11. Question • Which of these six principles contradict each other? • http://www.learner.org/vod/vod_window.html?pid=1913

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