The Principles of the Constitution

What are Principles? A principle is a fundamental (basic) truth that serves as the foundation for a system of beliefs. These principles serve as the foundation of our government.

How do Principles work in the Constitution? Principles guide the Constitution, just how principles guide people. Principles are the values and beliefs of the country and help us make decisions.

What are the Seven Principles of the U.S. Constitution? Majority Rule Separation of Powers Rule of Law/Limited Government Popular Sovereignty Federalism Checks and Balances Judicial Review

What is Majority Rule? Idea that a majority (more than 50%) will have the power to make decisions binding upon the whole. In our country, majority rule is how laws are made.

Where is Majority Rule found in the Constitution? Majority Rule is found in Article 7 of the Constitution (9 out 13 states were needed to ratify the Constitution).

What is Separation of Powers? Separation of Powers divides the powers of government into 3 branches: Executive, Legislative, and Judicial.

What is the Legislative Branch? The Legislative Branch is also called Congress. The Legislative Branch passes laws. The Legislative Branch has two houses: The House of Representatives and the Senate.

What is the Senate? The Senate is the “upper house” of the Senate. It has 100 members. Each state gets two members.

What is the House of Representatives? The House is the “lower house” of Congress. The House has 435 members. House membership is based on the population of each state.

How do the Senate and House work together to pass laws? In order for a law to pass, it has to pass both the House of Representatives and the Senate. The Great Compromise created this situation.

What is the Executive Branch? The Executive Branch is the President, Vice President, the Cabinet, executive departments, independent agencies, regulatory commissions, and others (federal bureaucracy). The Executive Branch enforces the laws. They make sure the laws are followed.

What is the Judicial Branch? The Judicial Branch is the Supreme Court and the lower federal courts. The Judicial Branch interprets the laws.

Where are Separation of Powers found in the Constitution? Separation of Powers is in Articles 1, 2, and 3 of the Constitution where each branch is given its roles and responsibilities.

What is Limited Government? Limited Government means everybody has to follow the same laws, even members of the government. If a government representative breaks a law or abuses his/her power, he/she would face a trial just like everybody else.

Where is Limited Government found in the Constitution? Articles 1, 2, and 3 explain why/how each member of government and branch of government is limited. The Bill of Rights explains what the government cannot do.

What is Popular Sovereignty? Popular Sovereignty means the government is controlled by the people. Example(s) – People can run for office, campaign for individuals who run, protest decisions made by others, and vote.

Where is Popular Sovereignty found in the Constitution? Popular Sovereignty is found in the Preamble of the Constitution. “We the People” means the people are in charge.

What is Federalism? Federalism is a system of government in which powers are shared by the national and state governments. The states and national governments share powers and work together.

How does Federalism work in Criminal Justice? Powers are shared between the National Government (Washington D.C.) and the different states/cities. FBI= National SBI = States Concord Police= Local.

Where is Federalism found in the Constitution? The 10th amendment is called the federalism amendment. Article 4 explains how federalism works.

What are Checks and Balances? Each of the 3 branches of government has some control, or check, on the other 2 branches. Example – Federal judges are nominated by the President, but have to be approved by Congress.

What is a veto? The President can reject a law by not signing it. If the President does not sign a bill, it cannot become a law.

What is an override? Congress can ignore a Presidential veto if 2/3 or 67% of Congress passes the law.

Where are Checks and Balances found in the Constitution? Checks and Balances are found in Articles 1, 2, and 3 of the Constitution. Where each branch is given power over the others.

What is Judicial Review? Judges can declare a law unconstitutional and stop laws that have already passed. This power is called Judicial Review.

Where is Judicial Review found in the Constitution? It isn’t! This power comes from a Supreme Court Case – Marbury v. Madison, 1803