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CONSTITUTIONAL PRINCIPLES

CONSTITUTIONAL PRINCIPLES. 6 Keys Principles. Popular Sovereignty Limited Government Separation of Powers. Checks and Balances Judicial Review Federalism. Popular Sovereignty. Power rests with the people People create government

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CONSTITUTIONAL PRINCIPLES

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  1. CONSTITUTIONAL PRINCIPLES

  2. 6 Keys Principles • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  3. Popular Sovereignty • Power rests with the people • People create government • Government of the people, by the people, and for the people

  4. Limited Government • The Rule of Law: • No one is above the law • Constitutionalism: • The Constitution is the highest law in the land

  5. Separation of Powers • Legislative • Congress (House of Reps & Senate) • Executive • The President • Judicial • The Courts

  6. Checks and Balances • Congress makes the laws but Presidents may veto laws passed by Congress. • Presidents may veto laws but Congress may over-ride a veto by a 2/3’s vote of both Houses. • The Courts may find a law passed by Congress and signed by the President UNCONSTITUTIONAL.

  7. Judicial Review • The power of the Courts to determine Constitutionality • Written by John Marshall • Marbury vs. Madison Marshall

  8. Federalism • The sharing of power between the states and the Federal Government • With the Federal government supreme

  9. Powers Granted Under Federalism • Delegated Powers – Those powers given directly to the Federal Government • Concurrent Powers – Those powers that are shared by both the States and the Federal Government • Reserved Powers – Those powers given to the States • Implied Powers – Powers not listed in the Constitution but claimed by the Federal Government

  10. Division of Powers

  11. Amending the Constitution • Method #1 (used 26 times) • Proposed by 2/3’s vote of Congress • Ratified by ¾’s of the States • Method #2 (used 1 time for 21st Amendment) • Proposed by 2/3’s vote of Congress • Ratified by State Convention in ¾’s of the States

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