The Six Basic Principles of the Constitution Amer. Government Unit 2 Miss Hepner

Popular Sovereignty Asserts that the people are the source of any and all governmental power, and government can exist only with the consent of the governed.

Popular Sovereignty Power resides in the People The People… Only source of all gov’t and political power “Government can govern only with the consent of the governed.” “We the People of the United States…. do ordain & establish this Constitution of the United States of America.”

Limited Government States that the government is restricted in what it may do and each individual has rights that the government cannot take away.

Limited Government No government is all-powerful Can do only what the people give it power to do “The Government has only that authority the people have given it.” Constitutionalism- The gov’t & its officers are never above the law according to constitutional principles Rule of Law- The gov’t and its officers are never above the law and are subject to it

Limited Government The Constitution is a statement of limited government Prohibits the government from making laws against a citizen’s freedom to… Religion Speech Press Assembly Petition

Separation of Powers The executive, legislative, and judicial powers are divided among three independent and coequal branches of government

Separation of Powers Designed to Compliment Limited Gov’t and Popular Sovereignty Powers are separated between the 3 branches Idea was first written into the state constitutions during the Revolution You can find the Separation of Powers in the 1st three articles of the constitution. (p. 66)

Checks and Balances System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others.

Checks and Balances The 3 branches are regulated by a system of checks and balances (restraints) from the other branches Example: Congress can create laws, which the president may veto (reject). Congress can override the veto with a 2/3 vote from both houses.

Judicial Review The power of a court to determine the constitutionality of a governmental action

Judicial Review The courts can interpret and analyze the laws to see if they are backed by the Constitution Can call a law unconstitutional (null/void) Judicial Review in every state Not actually listed in the Constitution Marbury vs. Madison, 1803- establishes Judicial Review Over 150 cases have been declared unconstitutional by the Supreme Court (against Congress, Executive Board, President, & State Laws/Actions)

Federalism System of government in which a written constitution divides power between a central, or national, government and several regional governments.

Federalism “division among a central and several regional governments” Created after the colonies had issues with the rule of England Also had trouble with the lack of federal government power under the Articles of Confederation