1. Principles of the Constitution
Chapter 4.4
Principles of the Constitution

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

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

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

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

6. 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………………….

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

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

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

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

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

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

13. 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

14. 4.5
Interpreting the Constitution

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

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

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

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

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

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

21. 4 Cases of Interpretation
Reflects both sides

22. Marbury v Madison
Established Judicial Review

23. McCulloch V Maryland
Supremacy of National government

24. U.S. v Nixon
Reaffirmed Rule of Law

25. Goss v Lopez
Students included in Due Process

26. 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?