Principles of the Constitution Chapter 4.4 Principles of the Constitution

The “C” Durable Few changes Represents the people & nation

Limited Government Main goal NO absolute power Enough power for peace & order BUT Not unchecked 6 guiding principles

1. Popular Sovereignty Power stays in the will of the people REPUBLIC Republican government at both the national and state levels

2. Rule of Law We follow a system of laws Citizens & Government No one is above the law and the laws apply to all

3. Separation of Powers The “C” divided the power into 3 branches No one branch can become too powerful Legislative, Executive, Judicial Step further with………………….

Checks & Balances Each branch can check or limit the power of the other branches Examples: Treaties/bills/appointments/impeachment

4. Federalism Power is divided between the central government and the state governments Federal System of Government The “C” established 3 types of powers

Delegated Powers Powers granted (given) to the National Government Enumerated Implied EX: immigration/treaties/declaring war

Reserved Powers Powers kept by the states Day to Day Stuff……. Drivers license/schools/speed limits

Concurrent Powers Powers that are shared by the federal government and the state governments Taxes Law Enforcement

5. Independent Judiciary Supports both Rule of Law and Limited Government Protects against system abuse Supreme Court

6. Individual Rights Important in ratification of “C” B of R Protects the Rights of Individuals to speak their minds and act on their beliefs

4.5 Interpreting the Constitution

The “C” Solid foundation & outline Supreme Court has the power to interpret or establish meaning to the “C”.

Supreme Court Interprets the “C” Defines the limits of constitutional rights and powers

SC Applies the “C” to legal issues Look at: Text of the “C” Original intent Precedent

The “C” Living document Changes with the times 2 ways to interpret

Strict Construction Literal reading of the “C” Original language and intent are guides

Loose Construction Flexible reading of the “C” Modern values and social issues must be taken into decisions

4 Cases of Interpretation Reflects both sides

Marbury v Madison Established Judicial Review

McCulloch V Maryland Supremacy of National government

U.S. v Nixon Reaffirmed Rule of Law

Goss v Lopez Students included in Due Process

Check 4.4 & 4.5 What are the 6 guiding principles of the “C” ? What are the 2 ways that the court interprets the “C”? Which case established Judicial Review?