The Six Basic Principles The Six Basic Principles

Chapter Thee Section One

1

The ConstitutionThe Constitution

What is in it?• Principles, procedures, and framework of

government The supreme law of the land (Article VI Section 2) Strengths

• Deals with basic general principles Weaknesses

• Language often vague • We MUST interpret • The question is: using what criteria?

Popular SovereigntyPopular Sovereignty

What does this term mean?• The people are the ultimate authority; rule by the

people

Where is popular sovereignty found in the Constitution?• Anywhere elections are discussed

Limited Government Limited Government

What does this term mean?

• Government can only do what the people say it can

• Certain liberties are protected What are some examples

• What Congress can not do

Separation of PowersSeparation of Powers

What does this term mean?• Divides powers so no one branch can dominate

the government • Three branches • There are overlapping powers

Checks and Balances Checks and Balances

What does this term mean?• Gives each branch the ability to restrict the

powers of the other branches • Examples- presidential veto, congressional

override of veto, judicial review

Judicial Review Judicial Review

What does this term mean?• The power to declare executive and legislative

acts unconstitutional • Appellate power- review lower court cases

What is the case that formally declared this power?• Marbury vs Madison, 1803

Judicial review is the great American dilemma• We rely on the courts to protect minority rights • But federal judges and Supreme Court are

unaccountable to the people

Judicial Review Judicial Review

Two theories of how judges interpret the Constitution • Strict constructionism

• Original meaning, original intent • Loose constructionism

• Living constitution

Federalism Federalism

What does this term mean?• Power based on geography• Federal, state, and local governments

Why did the framers provide for a federal system • Compromise between a strong central government

and a weak union of independent States

Federalism Federalism

Problems: many controversies are about WHERE the power should reside

Examples:• Education (No Child Left Behind)• Life support, next-of-kin rules, (Terry Schiavo)• Gay marriage/civil unions

Federalism – Powers Federalism – Powers

Delegated powers: powers given to the federal government by the constitution • Expressed • Implied

• “necessary and proper” Reserved powers

• Powers that belong to the states Concurrent

• Powers the federal government and states share

Federalism—other issuesFederalism—other issues

State law cannot conflict with federal law (VI)

State to sate relationships : Article IV• Full faith and credit

Federalism– IncorporationFederalism– Incorporation

14th amendment: due process and equal protection

Bill of Rights originally applied to the national government

Incorporation: nationalization of the Bill of Rights: apply the bill of rights to the states

Selective (partial): not all rights incorporated