The Six Principles of The U.S. Constitution

Parliamentary vs. presidential forms of government. Which branch holds the power?

Article I: "All legislative power herein granted shall be vested in a Congress of the United States."

Article II: " The executive power shall be vested in a President of the United States of America

Article III: "The judical 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."

"The accumulation of all powers,

legislative, executive and judiciary, in the same hands, whether of one, a few or many... may justly be pronounced the very definition of tyranny." -The Federalist No. 47

Questions?

Popular Sovereignty

The people rule. The people are sovereign.

Proclaimed in The U.S. Constitution

"We the People..."

Limited Government

The Six Basic Principles

of the U.S. Constitution

The government is not all powerful.

The government may do only those things that the people have given it the power to do.

-The people are the source of the power.

Constitutionalism: the government must be conducted according to constitutional principles. (Government must obey the law.)

Rule of Law: Government and our leaders are always subject to- never above- the law.

Separation of Powers

Federalism

The division of power among a central government and several regional governments

Federalism preserves the power of states while creating a strong central government.

Powers are divided.

We have a national (federal) government, state government and local government.

Judicial Review

Checks and Balances

The power of the courts to determine whether what government does is in accord with what the Constitution provides. (Is the government action constitutional?)

Unconstitutional- declared illegal, violates a provision of the U.S. Constitution.

Supreme Court established this power in history case Marbury v. Madison 1803

National Federation of Independent Business v. Sebelius

Each branch is subject to a number of constitutional restraints by the other branches.

I. Congress:

A. Can override the president’s veto with a 2/3 vote in each house.

B. Can impeach the president and remove him from office.

C. Can refuse to approve the president’s appointments to the courts and other offices.

D. Can refuse to approve treaties that the president makes with other nations.

E. Can impeach judges and remove them from office.

F. Can amend [change] the Constitution (along with the states).

II. The President:

A. Can veto laws passed by Congress.

B. Appoints judges to the Supreme Court and other courts.

III. The Supreme Court:

A. Can declare laws passed by Congress to be unconstitutional.

B. Can declare actions taken by the executive branch to be unconstitutional.