MAJOR THEMES OF THE U.S. CONSTITUTION

Separation of Powers “A model of government where the State is divided into branches, each with independent powers and areas of responsibility.” HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION? Each branch has distinct powers – all three branches must WORK TOGETHER to carry out their powers! EXAMPLES ? SEPARATE INSTITUTIONS SHARING POWERS

“To prevent one branch from becoming too strong and encourage cooperation, gov’ts employ a system of ‘checks and balances.’” Checks and Balances HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION? …by powers that are granted in the Constitution! EXAMPLES ?

RepresentativeRepublicanism “A variety of democracy founded on the principle that elected officials represent groups of people.” HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION? What FOUNDERS wanted: 1.) REPUBLICAN SYSTEM 2.) LIMITED GOVERNMENT 3.) Government “BY THE PEOPLE” What FOUNDERS DIDN’T want: 1.) “RUNAWAY DEMOCRACY” …would lead to MOB RULE, anarchy! …small group of elected leaders to speak and act on behalf of public! House of Reps! Senate! POTUS!

Federalism “System of gov’t where sovereignty, power and responsibility is divided between a national gov’t and constituent political units (such as states). ” HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION? …by the EXPRESSED powers of the Federal Government (Articles I, II, III) …by the TENTH AMENDMENT …by ARTICLE IV (what two clauses?) – created RECIPROCITY AMONG STATES What FOUNDERS DIDN’T want: 1.) A CENTRALIZED GOVERNMENT …system where national gov’t undertakes certain responsibilities & states others.

PopularSovereignty “Concept focused on the idea that the authority of the government is created and sustained by the consent of its people, or representatives!” HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION? …by the FIRST THREE WORDS in the PREAMBLE …by the NINTH AMENDMENT …AMENDING the Constitution …by the HOUSE OF REPRESENTATIVES

Limited Government “Type of gov’t where the role, systems, procedures and powers of the government are given and limited by a written constitution.” …by the CONSTITUTION itself! …U.S. Constitution lists LIMITS ON THE GOVERNMENT (Art. I, Sec. 9) WRIT OF HABEAS CORPUS 1.) “WRIT OF HABEAS CORPUS” BILL OF ATTAINDER 2.) “BILL OF ATTAINDER “ TITLE OF NOBILITY 4.) “TITLE OF NOBILITY” …by the TENTH AMENDMENT EX POST FACTO LAW 3.) “EX POST FACTO LAW” HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?

Judicial Review “A legal principle under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary.” …it really isn’t – it is IMPLIED from several sections in ARTICLE III ART. III, SEC. 1 1.) ART. III, SEC. 1: “The judicial power of the United States, shall be vested in one Supreme Court…” ART. III, SEC. 2 2.) ART. III, SEC. 2: “The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority…” MARBURY V. MADISON REVIEW THE CONSTITUTIONALITY MARBURY V. MADISON (1803) ruled that the federal courts have the duty to REVIEW THE CONSTITUTIONALITY of acts of Congress and to declare them void when they are contrary to the Constitution. HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?