1. Basic Themes of the
U.S. Constitution

2. Popular
Sovereignty
* 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 HOUSE of REPRESENTATIVES!
…by the Ninth Amendment!

3. Limited Government
* Type of gov’t where the role, systems, procedures and powers of the government are given and limited by a written constitution.
* How is this theme established in the U.S. Constitution?
…by the U.S. CONSTITUTION itself!
…by the Tenth Amendment!
…U.S. Constitution lists LIMITS on the GOVERNMENT! (Art. I, Sec. 9)
1.) “Writ of Habeas Corpus”
2.) “Bill of Attainder “
3.) “ex post facto Law”
4.) “Title of Nobility”

4. 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?
* While each branch has distinct powers, all three branches must work together to carry out their powers! EXAMPLES?

5. Checks and Balances
* To prevent one branch from becoming too strong and encourage cooperation, gov’ts employ a system of “checks and balances”
* How is this theme established in the U.S. Constitution?
* …by powers that are granted in the U.S. Constitution! EXAMPLES?

6. Federalism * How is this theme established in the U.S. Constitution?
* System of gov’t where sovereignty, power and responsibility is divided between a national gov’t and constituent political units (such as states)
Federalism
* 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?)

7. Representative Republicanism
* 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?
…House of Reps? U.S. Senate? POTUS? SCOTUS?
* What FOUNDERS wanted:
* What FOUNDERS DIDN’T want:
1.) republican system
1.) “runaway democracy”
2.) limited government
… would lead to mob rule, anarchy!
3.) government “by the people”
…small group of elected leaders to speak and act on behalf of public!

8. Judicial Review
* A legal principle under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary.
* How is this theme established in the U.S. Constitution?
…it really isn’t – it is IMPLIED from several sections in Article III:
1.) Art. III, Sec. 1: “The judicial power of the United States, shall be vested in one Supreme Court…”
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…”
The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered…
Marbury petitioned the Supreme Court to force the new Secretary of State James Madison (under TJ) to deliver the documents…
The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established…
The petition was therefore denied…
* 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