The Six Basic Principles Chapter Thee Section One 1

The Constitution  What is in it? Principles, procedures, and framework of government  The supreme law of the land (Article VI Section 2)  Strengths Deals with basic general principles  Weaknesses Language often vague We MUST interpret The question is: using what criteria?

Popular Sovereignty  What does this term mean? The people are the ultimate authority; rule by the people  Where is popular sovereignty found in the Constitution? Anywhere elections are discussed

Limited Government  What does this term mean? Government can only do what the people say it can Certain liberties are protected  What are some examples What Congress can not do

Separation of Powers  What does this term mean? Divides powers so no one branch can dominate the government Three branches There are overlapping powers

Checks and Balances  What does this term mean? Gives each branch the ability to restrict the powers of the other branches Examples- presidential veto, congressional override of veto, judicial review

Judicial Review  What does this term mean? The power to declare executive and legislative acts unconstitutional Appellate power- review lower court cases  What is the case that formally declared this power? Marbury vs Madison, 1803  Judicial review is the great American dilemma We rely on the courts to protect minority rights But federal judges and Supreme Court are unaccountable to the people

Judicial Review  Two theories of how judges interpret the Constitution Strict constructionism Original meaning, original intent Loose constructionism Living constitution

Federalism  What does this term mean? Power based on geography Federal, state, and local governments  Why did the framers provide for a federal system Compromise between a strong central government and a weak union of independent States

Federalism  Problems: many controversies are about WHERE the power should reside  Examples: Education (No Child Left Behind) Life support, next-of-kin rules, (Terry Schiavo) Gay marriage/civil unions

Federalism – Powers  Delegated powers: powers given to the federal government by the constitution Expressed Implied “necessary and proper”  Reserved powers Powers that belong to the states  Concurrent Powers the federal government and states share

Federalism—other issues  State law cannot conflict with federal law (VI)  State to sate relationships : Article IV Full faith and credit

Federalism– Incorporation  14 th amendment: due process and equal protection  Bill of Rights originally applied to the national government  Incorporation: nationalization of the Bill of Rights: apply the bill of rights to the states  Selective (partial): not all rights incorporated