THE THE CONSTITUTIONCONSTITUTION

Key Constitutional Principles

Concept 1: Separation of PowersA way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president,

and the federal courts are selected by and responsible to different constituencies.

Concept 2: Checks and Balances

A government structure that gives each of

the three branches of government

some degree of oversight and

control over the actions of the

others

Concept 3: Federalism

System of government in which power is divided between the national government and the state

governments and in which independent states are bound together under one national government

Principles of the Constitution

•Federalism•Why was this feature essential to include?

•How did this lead to the rise of political parties?

•Examples in the Constitution?•How is the amendment process a good example?

The Amendment Process

Proposal

Ratification2/3 of

both Houses of Congress

2/3 call a National Convention

3/4 of State Legislatures

3/4 of State Ratifying Conventions

Constitution Amended

Concept 4: Limited Government

A type of government in which

its functions

and powers are written, limited, and restricted by law to

protect the citizenry.

National Government• May not violate the Bill of Rights • May not impose export taxes among

states • May not use money from the Treasury

without the passage and approval of an appropriations bill

• May not change state boundaries

State Government• May not enter into treaties with other

countries • May not print money • May not tax imports or exports • May not Impair obligations of contracts • May not suspend a person's rights

without due process

Principles of the Constitution

•Limited Government•Examples in the Constitution?

•Habeas corpus•No Bill of Attainder•No ex post facto law•Trial by jury in criminal cases•Full Faith & Credit clause•No religious test for office•Extradition

Concept 5: Popular Sovereignty

Idea that the people have ultimate authority over our government.

• Voting• Campaigning• Running for office• Canvassing• Petitioning the government

Principles of the Constitution

•Popular Sovereignty•Examples in the Constitution?

•House

•Examples of limits & mistrust?•Restrictions on electorate•Senate•Electoral College•Amendment Process

Concept 6: Judicial Review

The power of the national judiciary to declare whether laws and actions are in violation of the Constitution.

Power is implied through the Court’s power to interpret the laws.

vs.

Principles of the Constitution

•Judicial Review•Origins? Politics?•How does this “Flow” with the Framers’ intentions?

•How does it aid democracy?•How is this a limitation of democracy?

Principles of the Constitution

•Why include these Principles?•Aristotelian view: Gov’t

should improve human nature by cultivating virtue.

•Madisonian view: This type of Gov’t too strong & dangerous…self-interest must prevail with limits.

Cartoon #1Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #2Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #3Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #4Which constitutional principle is represented in this cartoon? What is the message the

cartoonist is trying to get across? What symbols does the cartoonist use?