Constitutional Principles and Characteristics

Principles or characteristics of U.S. Government and Constitution Popular Sovereignty – the people are the source of power in America (voting) Federalism – power is split between the national (aka federal and central) gov’t and the state governments Separation of Powers – power is split between the 3 branches as well as federal and state governments Checks and balances – keeps any branch from becoming too powerful Judicial Review – protects rights and ensures all citizens are treated equally

Limited Government The national government (Congress, the President, and the Courts) has limits on its power Government is limited by: Written Constitution and Bill of Rights Courts Elections System of Checks & Balances

The Constitution is Flexible Our U.S. Constitution changes with the times How the Constitution is flexible: Presidential Actions / Interpretations Judicial review (Plessy v. Ferguson / Brown v. Board) Constitution can be amended Elastic Clause Article I, Sect. 8: Congress shall make all laws “necessary & proper” based on their delegated powers

Contrast Between Constitution & Articles of Confederation Power: States No President State Courts only Unicameral 9/13 to pass law Only states tax Only states control trade Balance power President Supreme Court, State courts Bicameral Majority of both Nat’l gov’t & states tax Nat’l gov’t controls interstate trade between states

The Constitutional is written and finished Now what??????? The Constitution must now be ratified by the individual states Ratification process State conventions - Constitution is sent to all states were the state governments and officials review it and debate the document Ratification vote – after debating the Constitution the state officials in each state will vote on whether or not to ratify the Constitution When 9/13 states have ratified the Constitution it officially replaces the Articles

Arguments Federalists: Anti-Federalists Favor a strong national government to protect the rights of people Claimed a bill of rights was unnecessary because the government’s powers were limited by The Constitution James Madison, Alexander Hamilton, John Jay write The Federalists a series of essays supporting the Constitution Anti-Federalists Wanted a week national government so more rights were given to the people and the states Wanted a bill of rights to protect the people against abuses of power George Mason, Patrick Henry, George Clinton

The Federalist The Federalist Papers 85 essays written by Alexander Hamilton and James Madison Written in NY looking for approval for ratification Discussed the new government John Jay James Madison

Anti-Federalists Cato, Published under the name “Brutus”,- who killed Caesar “Letters from the Federal Farmer”- democratic reliance on state and local gov’t. Patrick Henry George Mason

Another Compromise! Federalist convince the Anti- Federalist to ratify the Constitution by promising the pass a Bill of Rights 1791 – Bill of Rights = the first ten amendments of the Constitution are passed Most basic rights and freedoms Literally states the rights and freedoms Americans have Limits the power of the government 1789 – 9 states have ratified Constitution = it goes into effect 1790 – all 13 have ratified the Constitution

Bill of Rights 1791 – the first ten amendments of the Constitution are passed They are called the Bill of Rights Most basic rights and freedoms Literally states the rights and freedoms Americans have Limits the power of the government