Six Basic Principles of the Constitution

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Six Basic Principles of the Constitution
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Six Basic Principles of the Constitution

• 6 Themes evident throughout the Constitution
• Each principle illustrates HOW this document is a
  document of LIMITATIONS.
• This shows distrust of government.
• Why were the colonists fearful of powerful
  government?

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Limited Government

• Government is NOT all powerful, there are limits
  on what is can do
• Constitution is the Supreme Law of the land and
  ALL government officials are subject to the
  document. (Rule of Law)
• Evident throughout the Constitution, use of
  negative language throughout

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Limited Government

• Examples in the Constitution
• Article 1, Section 9
• no denial of habeas corpus
• no bills of attainder
• no ex post facto
• no titles of nobility
• Article 1, section 10
• no state shall enter into treaties with foreign
  nations
• no state shall coin its own money

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Limited Government

• Examples in the Constitution
• Bill of Rights
• Congress shall make no law abridging the freedom
  of speech
• The rights of the people shall not be abridged
• No quartering of troops

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Six Principlesof American Government

• Republicanism
• Checks and Balances
• Separation of Powers
• Popular Sovereignty
• Individual Rights
• Federalism
• We will discover How each of these principles
  LIMIT government!
• Note Bene The 6 principles noted here are
  slightly different than the 6 principles in the
  textbook. (These align with the TEKs)

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Republicanism

• All citizens are represented by a man or woman in
  both the federal government (Congress) and state
  government (Legislature)
• These Representatives make decisions for us
• Republican form of Government each State is
  guaranteed at least 1 Representative and 2
  Senators in Congress
• (guaranteed by the Constitution)

John Carter (R) Represents the Round Rock in the
House of Representatives at the Federal level
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Checks and Balances

• Each branch checks over the other two, to prevent
  abuse (again limiting government)
• The legislative makes a law
• the executive can veto
• The executive vetoes
• the legislative can override the veto
• The judges make a law unconstitutional
• the legislative can make an amendment to the
  Constitution
• The executive appoints a judge
• the legislative must confirm or reject

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Separation of Powers
Each branch has its OWN separate powers that the
other two DO NOT thus limiting the other two.

• Article 1 Only Legislative makes laws, coins
  money, taxes, borrows money, declares war,
  establishes post offices, makes lower courts,
  makes laws about naturalization, fixes weights
  and measurements
• 17 listed powers, and the "elastic clause"-Clause
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• Article 2 Only the Executive enforces laws, is
  Commander in Chief, appoints judges, pardons,
  vetoes, makes the State of the Union address,
  calls special sessions
• Article 3 Only the Judges interpret the
  Constitution

ONLY
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Popular Sovereignty

• The people are the source of the power.
• We give our consent to those we elect to speak in
  our behalf, but we are the source of power.
• Evident throughout the document
• In Preamble- "We the People"
• Article 1 - the people elect representatives to
  the House
• Article 2 - the people indirectly elect the
  President
• Amendment 17 - the people directly elect Senators
• Amendment 1 - Free speech, press,
  petition-implies we, the people will participate
• If a majority of the people want something,
  should they get what the want?
• Abortion, End of the War, Affirmative Action,
  Close the Border, etc

We the People limit the power of Representatives
(by voting them out). How do Representatives
limit the power of the people?
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Individual Rights

• Government exists to protect your individual
  rights (Locke, Hobbes, Jefferson)
• Rights are something that are protected by
  government, not given by government
• Bill of Rights outlines several of these
• Freedom of Speech
• Freedom of Religion
• Freedom of Press
• Freedom of Assembly
• Right to bear arms
• Right to a fair and speedy trial
• 14th amendment expands Bill of Rights to the
  states
• Civil Rights Act (1964)

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Federalism

• The federal government and its sub-divisional
  governments (states) SHARE the powers of
  law-making, enforcing, and interpreting.
• All levels of government
• (federal, state, and local)
• have three branches
• (legislative, executive, and judicial).
• The Constitution gives power to BOTH the federal
  and state governments

Federalism is like a three tiered layer
cake. Explain!
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