The Constitution

Our Constitution Presents solutions to challenges of the government. 7 Key Principles 1) popular sovereignty 2) republican form of government 3) Limited government 4) Federalism 5) separation of powers 6) checks and balances 7) individual rights

Popular Sovereignty “We the People” is the preamble which lays the foundation of our government’s system. Popular sovereignty means the authority of the people The people of the US are the ones who holds the power and established the government.

Nation is a Republic Constitution established a republican form of government. People rule through elected officials called representatives. Representatives make the laws and conduct government on behalf of the people. Republic or representative government are the same.

Limited Government The Framers did not want the government too strong or to give certain people more power, so they wanted a limited government. Powers are strictly defined.

Federalism The Thirteen Colonies fought hard to win independence from England. The Articles of the Confederation provided a weak government and not a strong national government. US has a federal government, state governments, and some powers are shared (between state and federal).

Enumerated powers are powers that are specifically given to Congress. Constitution spells out the powers given to Congress and established the executive and judicial branches. Enumerated powers are powers that are specifically given to Congress. Coin money, regulate interstate and foreign trade, maintain the armed forces, and create federal courts (can’t be executed by state).

Reserved Powers are belong to the states (10th Amendment). The Constitution does not state what they are. States may establish schools, pass marriage and divorce laws, and regulate trade within a state.

Concurrent Powers are powers shared between the federal and a state. Right to raise taxes, borrow money, provide for public welfare, and carry out criminal justice. Each entity can exercise these rights at the same time. Supremacy Clause states a state cannot make a law that overrides the federal law (Article VI, Clause 2).

Separation of Powers Constitution separates the legislature, executive, and judicial powers of the government. These powers are placed in three different branches. Each branch has different – and limited-- powers, duties, and responsibilities.

Checks and Balances Each branch of government can check, or limit, the power of the other branches. This helps to maintain balance. Congress (legislative branch) can pass a law, the president can disagree by vetoing it. Congress can override the veto which checks the executive branch.

US Supreme Court (Judicial branch) also has important checks. It interprets the Constitution to determine if the legislature and executive’s actions are allowed. Congress can check decisions made by the courts by beginning the process of changing the Constitution. It has to be ratified by the states and the new law could override an old law on the books.

Individual Rights Bill of Rights (1791) became part of the Constitution. Guarantee basic freedoms and liberties. Freedom of religion Freedom of speech and of the press Freedom to assemble in groups and to protect against the government The right to bear arms The right to a speedy and pubic trail by jury The right to be free from unreasonable searches andseizures by the government Freedom from “cruel and unusal” punishments

Constitutional amendments, since the Bill of Rights were written, have expanded individual rights. Example: abolishment of slavery, defined citizenship, guaranteed “equal protection of the law” for all people, guaranteed the right to vote for people aged 18 and older, and the direct election of senators.