Constitutional Principles MT. 1, LT. 1

Demonstrate an understanding of how the U. S Demonstrate an understanding of how the U.S. Constitution reflects a balance between the classical republican concern with promotion of the public good and the classical liberal concern with protecting individual rights; and how the basic premises of liberal constitutionalism and democracy are joined in the Declaration of Independence as "self-evident truths" (12.1.3)

How Much Power? Classical republican concern = Promoting the public good Classical liberal concern = Protecting individual rights Too Much Power = abuse of people’s rights Too Little Power = chaos and disorder

Compromises Federalists= Supported new Constitution Anti-Federalists = Opposed new Constitution Compromises

How Would People be Represented? Virginia Plan (Large States) = Representation based on population New Jersey Plan (Small States) = Representation would be equal for every state “Great Compromise” a.k.a. Connecticut Compromise Bicameral Legislature House of Representatives = representation based on population Senate= equal representation

How Would Slaves be Counted? Northern States = Slaves should be counted for taxation but not representation Southern States = Slaves should be counted for representation but not taxation Slaves would be counted as 3/5 of a person for both

How Would Power be Shared? Some powers would be concurrent or shared Certain powers would be enumerated or delegated to the federal government (i.e. regulating foreign commerce) All other powers would be reserved for the states

What if the New Government Still had Too Much Power? First Congress would add a Bill of Rights Ratified first 10 Amendments to the Constitution Protected basic rights like speech, religion, right to bear arms, right to a trial by jury, etc.

Independent Judiciary Limited Government Popular Sovereignty Rule of Law Separation of Powers & Checks and Balances Federalism Independent Judiciary Individual Rights

Popular Sovereignty: A government’s power comes from the people The people elect their own leaders and representatives in regular elections Limited Government & Rule of Law go together: There are written limits on government’s power Laws must treat all citizens as equally as possible

Separation of Powers & Checks and Balances go together: Power is divided between different groups or branches Each branch has its own powers and responsibilities One branch can check, or limit, the power of the other branches Federalism is another way power is divided: Power is divided between different levels of government: national, state, and local Each level has its own powers and responsibilities

Judicial Independence & Judicial Review go together: Judges and courts cannot be influenced by any other groups or branches of government Judges and courts have the power to interpret laws and review the actions of other branches of government Finally, there is a guarantee of individual rights: There are written guarantees of basic rights and freedoms Civil rights and liberties – such as speech, religion, and trial by jury – are respected and protected by law