Basic Principles of the U.S. Constitution

1. School House Rock! Basic Principles of the U.S. Constitution

2. 6 Basic Principles of the Constitution • Popular Sovereignty • Limited Government • Separation of Powers • Checks & Balances • Federalism • Individual Rights • These principles reflect the framers’ desire to establish a national government that serves the people, prevents the concentration & abuse of power, and respects the rights of the states.

3. Popular Sovereignty • Popular sovereignty – government’s authority to rule comes from the people. • Sovereignty – power or authority. • This principle can be found throughout the Constitution. • It’s expressed in the opening phrase of the Constitution “We the people…” • It is also found in the articles of the Constitution: • “The United States shall guarantee to every State in this Union a Republican Form of Government.” – Article IV, Section 4

4. Limited Government • Limited Government – A system in which government powers are carefully spelled out to prevent government from becoming too powerful. • The Constitution establishes limited government: • Article I Section 9 lists the powers that the national government does not have. • The Bill of Rights limits our government by giving citizens certain rights. • Click for a video

5. Separation of Powers • Separation of Powers – the distribution of political power among the branches of government, giving each branch a particular job. • This idea came from what Enlightenment thinker? • Separation of powers makes sure that no one branch has too much power. • The writers of the Constitution wanted a strong national government, but it wanted to prevent the abuse of power.

6. Checks and Balances • Checks & Balances – a system in which the powers of government are balanced among different branches so that each branch can limit the power of the other branches. Examples of Checks: • The power of commander in chief • The power to declare a law unconstitutional (Judicial Review) • The power to impeach federal judges & Supreme Court Justices • The power to approve all treaties with foreign countries • The power to veto bills • The power to declare war • The power to appoint federal judges and Supreme Court justices • The power to impeach the President

7. Federalism • FEDERAL + SYSTEM = FEDERALISM • Federalism – a system of government in which the powers to rule is divided among the national, state, and local levels of government • In creating a federal system of government, the Constitution also established 3 types of powers: delegated, reserved and concurrent.

8. Delegated powers • Delegated powers – those powers granted to the national government. • Ex: Regulating immigration, making treaties, declaring war • Delegated powers may be either enumerated or implied in the Constitution. • Delegated powers are found in articles of the Constitution: • The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. -- Article I, Section 8, Clause 3

9. Reserved Powers • Reserved powers – are those powers kept by the states. • Ex: Marriage/divorce laws, driver’s licenses, public schools • Amendment 10 reserves for the states any powers that are not given to the federal government • The powers not delegated to the United States by the Constitution, not prohibited to it by the States, are reserved to the States respectively… Amendment 10

10. Concurrent Powers • Concurrent powers – are those that are shared by the federal and state governments. • Ex: Taxes and Law Enforcement • The amendment process is an example of concurrent powers. • The Congress … shall propose Amendments to this Constitution, or on the Application of the Legislatures of 2/3’s of the several states… --Article 10

11. Independent Judiciary • Framers’ created an independent judiciary to protect against abuses of the system by self-interested parties • Article III which establishes the Supreme Court and other federal courts, the term limit for justices, and compensation • Life sentence and secure salary to prevent public pressure

12. Individual Rights • Anti-Federalists felt the Constitution didn’t protect individual rights, thus the Bill of Rights was added • Examples: • 1st Amendment • Trial by Jury (III, 2) • Treason (III, 3)

13. Rule of Law • No one is above the law • Examples • No states can discriminate against residents of another state (Article IV, Section 2) • Supremacy Clause (Article VI, Section 2)