1. We the People… Six constitutional principles

2. No. 1: Popular Sovereignty 1. Popular Sovereignty: The People are the only source for any and all governmental power, and the Government can only govern with the consent of the People. Textual evidence: “We the People of the United States…” Cite: Preamble to the U.S. Constitution

3. No. 2: Limited Government 2. Limited Government: The government can only do those things that the people have given it the Power to do. a.k.a. The Rule of Law, meaning that government is SUBJECT to the law and not above the law. Textual evidence: “…do ordain and establish this Constitution for the United States of America”. Cite: Preamble to the U.S. Constitution

4. No. 3: Separation of Powers  3. Separation of Powers: Basic powers are held by three branches of government Textual evidence: “All legislative Powers herein granted shall be VESTED in a Congress of the United States, which shall consist of a Senate and a House of Representatives. Cite: Article I, Section 1 U.S. Constitution Textual evidence: “The executive Power shall be VESTED in a President of the United States of America. He shall hold his Office during the Term of four years…” Cite: Article II, Section 1 U.S. Constitution Textual evidence: “The judicial Power of the United States, shall be VESTED in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Cite: Article III, Section 1 U.S. Constitution

5. No. 4: Checks and Balances  The three branches of government are each provided its own field of authority: Executive, Legislative, Judicial… BUT the branches are NOT completely independent of one another. Instead, there is a complex system of actions that one branch can take to “check” and “balance” the authority of another branch. In this way, the chance of too much power accumulating in any one branch is eliminated. Refer to the chart of how power flows between the White House (Executive), the U.S. Capital Building (Legislative), and the U.S. Supreme Court Building (Judicial) (p. 73). None of the branches can take any action that does not require some kind of approval by one of the others.

6. Textual evidence of Checks and Balances  Article II, Section 2 as to Executive power: “He shall have Power, by and with the advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court”.  Article I, Section 7 as to Legislative power: “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes law, be presented to the President of the United States: If he approves, he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated…If after such Reconsideration two thirds of the house shall agree to pass the Bill…it shall likewise be reconsidered [by the other House] and if approved by two thirds of that House, it shall become a Law.”

7. Examples of Checks and Balances at work: The Executive branch (President) has the authority to negotiate treaties and agreements with foreign nations but the Legislative branch (Congress) has to approve: www.cnn.com/2015/09/02/politics/iran-nuclear-deal-votes-sustain- vetowww.cnn.com/2015/09/02/politics/iran-nuclear-deal-votes-sustain- veto The Executive branch (President) has the authority to appoint federal judges, including those to the U.S. Supreme Court, but the Legislative branch (Congress) has to approve/confirm those appointments: www.cnn.com/2009/POLITICS/08/06/sonia.sotomayor/ www.cnn.com/2009/POLITICS/08/06/sonia.sotomayor/

8. No. 5: Judicial Review There is no specific textual evidence in the U.S. Constitution of the power of the Judiciary to review the actions of another branch of government specifically to determine whether that action was or was not constitutional. So how does this power arise? This is where the background of Constitution is so helpful because it helps to show what the Framers of the Constitution intended. For example, Alexander Hamilton in the Federalist No. 78 explained that “the interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body” That is precisely what happened in the Marbury v. Madison, the first case to address such a situation, and which firmly established the power of judicial review: http://www.teachertube.com/video/establishing-judicial-review-33324http://www.teachertube.com/video/establishing-judicial-review-33324

9. No. 6: Federalism The Framers of the Constitution had to create a way to provide power to a central government while still preserving the existing States and the concept of local self-government. Textual evidence: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion” Cite: Article IV, Section 4 U.S. Constitution

10. The Three Types of National Powers Established by the Constitution: The National Government has EXPRESSED powers such as the ability to tax, coin money, raise an army and navy, and to regulate trade between the states (trade between the state is called interstate commerce). The National Government has IMPLIED powers which are not specifically listed but which are found in what is called the “Necessary and Proper Clause” that appears in the U.S. Constitution: Article I, Section 8: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution… The National Government has INHERENT powers which a government has simply because it is a government.

11. The Powers of the States under the Constitution The United States Constitution reserves power to the states under the Amendments. The states also shares some powers with the national government such as the ability to collect taxes, establish courts, and set environmental and health standards. These are called CONCURRENT POWERS..

12. The Obligations of the National and State Governments under the Constitution The Constitution requires that the national government provide a republican form of government to the states, protect the states from invasion and domestic violence (civil war), and that the national government will respect the states’ boundaries. The Constitution requires that the state governments give “full faith and credit to the public Acts, Records, and judicial Proceedings of every other State”. This is called the Full Faith and Credit Clause (Article IV, Section 1). (for example, states must extradite criminals). The Constitution requires that the state governments shall not draw unreasonable distinctions between its own residents and those of other states. This is called the Privileges and Immunities Clause (Article IV, Section 1). The Constitution establishes that it is to be abided to by all states: Supremacy Clause, Article VI, Section 2: This Constitution…shall be the supreme Law of the Land; and Judges in every State shall be bound thereby…”

13. The “living” Constitution Included within the Constitution were rules for amending it to accommodate changes over time. There is a process to be followed for FORMAL AMENDMENT. The Constitution is also informally amended by executive action and by Supreme Court decisions (remember the Supreme Court is responsible for interpreting the meaning of the Constitution when conflicts arise). CONGRESS PROPOSES AN AMENDMENT THAT PASSES BY A 2/3 VOTE IN BOTH HOUSES Ratified by ¾ of the State Legislatures Ratified by conventions in ¾ of the States A NATIONAL CONVENTION (CALLED BY CONGRESS AT THE REQUEST OF 2/3 OF THE STATES) PROPOSES AN AMENDMENT Ratified by ¾ of State Legislatures Ratified by conventions in ¾ of the States

14. Other Key Clauses in the Amendments to the Constitution Investigate the following by referring to p. C16 of the textbook and recording your answers to the following. Establishment Clause: Answer: 1 st Amendment; “Congress shall make no law respecting an establishment of religion” Free Exercise Clause: Answer: 1 st Amendment; “[Congress shall make no law respecting an establishment of religion], or prohibiting the free exercise thereof”

15. Other Key Clauses in the Amendments to the Constitution Investigate the following by referring to p. C16 of the textbook and recording your answers to the following Due Process Clause: Answer: 5 th Amendment; “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law…”

16. Other Key Clauses in the Amendments to the Constitution Investigate the following by referring to p. C16 of the textbook and recording your answers to the following. Equal Protection Clause: Answer: 14 th Amendment; “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”

17. Discussion questions Refer to the Political Cartoons on p. 70 of your textbook and answer the following: Popular Sovereignty Meaning: The people are the only source of the power. How do people in the United States influence government? Through popularly elected leaders. Limited Government Meaning: No government is all powerful. What is another way to describe the idea of limited government? Rule of Law or Constitutionalism Checks and Balances Meaning: Each branch is subject to constitutional restraints by the other branches. Give one example of how the system of checks and balances works. The President can’t make laws, can only approve laws made by Congress; Congress can veto President; S. Ct interprets laws, Pres. Appoints Judges but Congress has to approve. Judicial Review Meaning: The S. Ct. has the authority to decide whether a gov’t’s actions are constitutional. Name the case which first established this concept. Marbury v. Madison Separation of Powers Meaning: The government is divided into legislative, executive and judicial Which branch decides what the laws mean? The judicial branch decides what the laws mean. Federalism Meaning: Powers are split between nation and state What problem did federalism solve when the Constitution was being written? Allowed for an effective nat’l gov’t. but preserved power of states to govern themselves.