Basic Principles of the Basic Principles of the ConstitutionConstitution

The ideas that make it workThe ideas that make it work

Six controlling ideas that Six controlling ideas that protect freedom and libertyprotect freedom and liberty

1.1. Popular SovereigntyPopular Sovereignty– Pop = peoplePop = people– Sovereignty = ruleSovereignty = rule– The people vote [a republic]The people vote [a republic]– Officials accountable to peopleOfficials accountable to people– Embodied in phrases, “We the Embodied in phrases, “We the

People,” and “from the consent of People,” and “from the consent of the governed.”the governed.”

– So what?So what?

2.2. Rule of LawRule of Law– Government is Government is limitedlimited to those to those

powers given to it by the peoplepowers given to it by the people– All people, including gov’t officials, All people, including gov’t officials,

are subject to the laware subject to the law– Bill of Rights - rights protected from Bill of Rights - rights protected from

gov’t gov’t – ““..you must first enable the ..you must first enable the

government to control the government to control the governed; and in the next place governed; and in the next place oblige it to control itself. “ The oblige it to control itself. “ The Federalist No. 51Federalist No. 51

3 & 4: Separation of Power and Checks and Balances3 & 4: Separation of Power and Checks and Balances

Legislative Branch:Legislative Branch:Congress Congress

Executive Branch:Executive Branch:POTUS & AdministrationPOTUS & Administration

Judicial Branch:Judicial Branch:Supreme Court and Supreme Court and

lesser courtslesser courts

• Impeach judgesImpeach judges• Reject appointmentsReject appointments• Propose amendmentsPropose amendments• Sets judicial salariesSets judicial salaries

• Impeach PresidentImpeach President• Override President’s vetoOverride President’s veto• Reject appointments andReject appointments and treaties [Advise and Consent]treaties [Advise and Consent]• “ “Power of the purse”Power of the purse”• power to declare warpower to declare war

• Veto legislationVeto legislation• call special sessionscall special sessions• recommend recommend legislationlegislation• Direct appeal toDirect appeal to the peoplethe people

Declare acts of Declare acts of Congress to be Congress to be unconstitutionalunconstitutional

Appoints federal judgesAppoints federal judges

• declare president’s acts unconstitutionaldeclare president’s acts unconstitutional• serve for life/free of executive controlserve for life/free of executive control

5.5. Federalism – types of Federalism – types of power and power power and power sharingsharing– Both national and state Both national and state

governments have authority governments have authority over the peopleover the people

– Some powers belong only to one Some powers belong only to one or the other, some are sharedor the other, some are shared

– What examples can you name What examples can you name for each?for each?

– Article IV: Full Faith and Credit – Article IV: Full Faith and Credit – states recognize each others states recognize each others laws and privileges laws and privileges

6.6. Federal SupremacyFederal Supremacy– Article VI: the Supremacy ClauseArticle VI: the Supremacy Clause– Federal law trumps state lawFederal law trumps state law– Why?Why?– Settles any conflicts between state and Settles any conflicts between state and

federal lawfederal law

National Gov’tNational Gov’t State Gov’tsState Gov’ts

Both/andBoth/andExpressed

Implied

ReservedConcurrent

Powers denied to both gov’tsPowers denied to both gov’ts