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 Government of the people, by the people, and for the people

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

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

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.

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

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

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

Division of Powers Federal Shared States Declare War Tax Grant Marriage Licenses Issue currency Create laws Grant Teaching Licenses Make Treaties w/ Foreign Nations Borrow Money Create Local Governments Maintain Armies / Navies Establish Courts Provide for Schools / Universities Regulate Trade Make Arrests Negotiate Peace Treaties

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) Ratified by State Convention in ¾’s of the States