1. SIX BASIC PRINCIPLES OF THE UNITED STATES CONSTITUTION POPULAR SOVEREIGNTY, LIMITED GOVERNMENT, SEPARATION OF POWERS, CHECKS AND BALANCES, JUDICIAL REVIEW, FEDERALISM

2. POPULAR SOVEREIGNTY Popular Sovereignty The idea that governmental power resides in the governed. The PEOPLE are sovereign The giving/receiving of power is a two step process  The national government DRAWS its power from the people of the United States  The people of the United States GIVE their power through the Constitution Two places in US documents this is shown:  Declaration of Independence  United States Constitution

4. LIMITED GOVERNMENT Limited Government The principle holds NO GOVERNMENT IS ALL POWERFUL A government can only do those things the people have given them the power to do Flip side of popular sovereignty  The people are the source of the government power, and the government only has the authority the people have given it. To put this another way – THE GOVERNMENT MUST OBEY THE LAW Other names for this concept  CONSTITUTIONALISM – government is conducted by constitutional principles and rules  RULE OF LAW – government and its subjects are always subject to the law – NEVER above the law Think of many of the amendments and how they are written…  “Congress shall make no law…”

6. SEPARATION OF POWERS Separation of Powers The powers of the government are vested in three distinct, separate branches  This is set out in the constitution  First lines of Articles I, II, III Remember back to our discussion of types of government  Presidential v. Parliamentary government o Presidential – separate branches o Parliamentary – all branches are gathered in a single agency Each branch is elected or appointed separately Each branch has separate, distinct powers and duties  Legislative – law making  Executive – law executing/enforcement  Judicial – law interpretation/application

8. CHECKS AND BALANCES Checks and Balances Even though the branches of the government act on their own, they are subject to “checks” or “balances” (restraints) from the other two branches The idea allows each branch to ensure neither of the other branches assumes/uses/takes/moves too much power on their own Examples:  Legislative Branch – Can refuse to approve funds requested by the President/creates lower courts and Senate can approve or reject judicial appointments  Judicial Branch – Judges can declare executive or legislative acts unconstitutional, plus are appointed for life  Executive Branch – President appoints Supreme Court justices, President can veto Congressional legislation

10. JUDICIAL REVIEW Judicial Review The power of the court system to interpret the US Constitution  They determines whether or not the actions of the government are following the Constitution  This idea is also called “CONSTITUTIONALITY” The idea of judicial review is not there in explicit words, but it is common sense and expected to be used  Argued for in “FEDERALIST PAPERS” o Federalist 51 – One of Madison’s “auxiliary precautions” against the possible dominance of one branch over another o Federalist 78 – Hamilton argued “independent judges” would be “an essential safeguard against the effects of occasional ill humors in society”  Cemented in Marbury v. Madison (1803)

12. FEDERALISM Federalism The idea that the powers given to the government are divided among the central (national) government and the member/regional (state) governments Established by the Tenth Amendment to the US Constitution  Discusses powers DENIED to the national government and powers RESERVED to the states.  There are powers DENIED to the states Establishes three types of powers  Expressed, Implied, Inherent Establishes two areas in a division of powers  Exclusive – powers given ONLY to the national or state government  Concurrent – powers given to BOTH the national and state government US Constitution still acts as supreme law of the land  No law AT ANY LEVEL can go against the Constitution  McCulloch v. Maryland (1819)  Supreme Court acts as arbiter in these cases