The Constitution: The Six Basic Principles

1
The Constitution The Six Basic Principles

• Angela Brown
• Chapter 3 Section 1

2
An Outline of the Constitution

• The Constitution sets out the basic principles
  the U.S. government was built and operates on.
• It lays out the framework and procedures of our
  government.
• It sets out the limits within the government.
• It is brief. (7000 words)
• (Can be read in ½ an hour)

3

• Introduction (Preamble)
• Seven numbered sections called the articles
• Articles I-III deal with the three branches of
  government
• Article IV deals with the place of the states

4

• Article V explains how formal amendments are
  added
• Article VI declares the Constitution to be the
  Nations supreme law
• Article VII states the requirements for
  ratification
• The 27 amendments follow the original document

5
The Six Basic Principles

• Popular Sovereignty
• All political power resides with the people in
  the United States.
• The people are sovereign.
• The government can govern only with the consent
  of the governed.

6

• Limited Government
• No government is all-powerful, a government may
  do only those things that the people have given
  it the power to do.
• The government has only the authority the people
  have given it.
• The government must obey the law the principle
  of Constitutionalism also called rule of law

7

• Separation of Powers
• In a Presidential System basic powers are
  distributed or separated among three distinct and
  independent branches of the government. (Leg.
  Exec, Jud.)

8
Checks and Balances (see chart on page 68)

• Each branch has certain powers that it can check
  the operations of the other two.
• Congress has the power to make law, but the
  President may veto (reject) any act of Congress.
• Congress can override a Presidents veto by a
  two-thirds vote in each house.
• Congress can refuse to provide funds requested by
  the President or the Senate may refuse to
  approve a treaty or appointment made by the
  President.

9

• The President is the Commander in Chief but
  Congress provides the military force.
• The President names all federal judges but each
  appointment must be approved by a majority vote
  in the Senate.
• The courts have the power to determine the
  Constitutionality of acts of Congress and the
  President.

10

• Clashes do occur between the branches
  compromise is needed.
• The working relationship runs more smoothly when
  the President and Congress have been of the same
  political party.
• Since the Eisenhower era of the 1950s we have
  seen a pattern of divided government more
  confrontation.

11
Judicial Review

• The power of the courts to determine the
  constitutionality of a government action is
  Judicial Review.
• Judicial Review is the power to declare
  unconstitutional (illegal, null and void) a
  government action found to violate a provision in
  the Constitution.
• The Constitution does not provide for Judicial
  Review in so many words but it seems clear the
  Framers intended it for the Federal Courts.

12

• The Supreme Court established the power of
  Judicial Review in the landmark case Marbury vs.
  Madison in 1803 and has used it since.
• (page 64 Primary Sources)
• In most cases the court had upheld challenged
  government action. (found them to be
  constitutional)

13

• In only 150 cases the court has found a
  congressional act unconstitutional.
• The court has voided hundreds of state actions
  including more than 1000 state laws.
• Several Presidential and Executive branch actions
  have been voided also.

14

• Federalism
• Federalism is the division of power among a
  central government and several regional
  governments.
• The division of power is a compromise an
  alternative to the system of independent states
  and a central government with too much power.