Basic Principles and Powers
Given to the Government Under
the Constitution
Preamble of the Constitution
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We the People of the United States, in Order
to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide
for the common defence, promote the general
Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and
establish this Constitution for the United
States of America.
Basic Principles of the Constitution
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Popular sovereignty
1.
2.
3.
Establishing a republic
People are the only legitimate source of
governmental power
Cornerstone of the Constitution
Basic Principles of the Constitution
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Federalism
1.
2.
Division of power between a central
government and several regional
governments
Compromise between a powerful central
government (England) and a loose
confederation (Articles)
Basic Principles of the Constitution

Separation of powers
Distributing powers of government among
legislative, executive, and judicial bodies
Basic Principles of the Constitution
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Checks and balances
Each branch of government is subject to a
number of Constitutional restraints by the
other two branches
Basic Principles of the Constitution
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Judicial review
Allows courts to declare laws created by
the legislative branch and acts of the
executive branch unconstitutional. This
includes state and local actions that violate
the Constitution as well.
Basic Principles of the Constitution

Limited government
1.
2.
The Constitution lists the powers granted to the
federal government, reserved to the states, or
shared concurrently
Government officials are also subject to the law
Article I: The Legislative Branch
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When drafting the Constitution the Founding
Fathers expected the Congress to become the
most important branch of the federal government
Expressed/Delegated Powers- powers directly
stated in the Constitution
Enumerated Powers- the numbered expressed
powers (Article I, Section 8, 1-18)
These terms are often used interchangeably
Article I: The Legislative Branch
Enumerated Powers (dealing with the economy):
1.
Raise and spend revenue (levy taxes)
2.
Borrow money by issuing bonds
3.
Regulate commerce (interstate trade)

4.
5.
6.
The commerce clause has greatly increased the power of the federal
government over history (ex. civil rights to air pollution).
Naturalize citizens and establish bankruptcy laws
Coin money, regulate its value, and fix standard
weights and measures
Punish counterfeiting
Article I: The Legislative Branch
Enumerated Powers (dealing with federal offices):
7. Establishing post offices and roads
8. Granting copyrights and patents
9. Establish federal courts
Article I: The Legislative Branch
Enumerated Powers (dealing with the military):
10. Preventing piracy on the high seas
11. Declare war
12. Raise and finance an army
13. To provide and maintain a navy
14. Establish rules and regulations for the armed forces
15. To call forth the militia to suppress insurrections
(national guard)
16. Establish rules and regulations for the militia
Article I: The Legislative Branch
Enumerated Powers (dealing with Washington, D.C.
and the elastic clause):
17. The Congress has the right to make laws for
Washington, D.C.
18. Elastic Clause- to make all laws which are
“necessary and proper” for carrying into
execution any law connected to the enumerated
powers 1-17
*The elastic clause allows Congress to stretch its
powers to meet situations the Founders could
never have anticipated
Article II: The Executive Branch
Article II, Section 2 powers granted:
1.
2.
3.
4.
Commander-in-chief of the armed forces
Granting pardons for federal crimes
Make treaties (with 2/3 consent of the Senate)
Appoint officials to fill vacancies within the
executive branch (Senate confirmation needed)
o
Make recess appointments when the Senate is not in
session
Article II: The Executive Branch
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1.
2.
3.
4.
5.
Executive duties listed:
Deliver a State of the Union address
Calling Congress into special session if
necessary
Conducting foreign relations
Commissions military officers
Ensure that the laws Congress passes are
faithfully executed
Article III: The Judicial Branch
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The Constitution established the Supreme Court
Congress later created multiple federal district courts
Federal courts only hear cases involving federal law
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Example- You cannot go before the Supreme Court for a
speeding ticket you would like appealed unless one of
your Constitutional rights such as the right to a speedy
trial had been violated
Federal justices are appointed for life
Article IV
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Relations among the states
Full Faith and Credit Clause- honors official acts of
other states (marriage licenses, car registrations,
birth certificates, etc.)
Privileges and Immunities Clause a state cannot
discriminate against citizens of other states in favor
of its own citizens
Procedures for admitting new states/territories
Federal protection of states
Article V
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Procedures for amending the Constitution
Typical method:
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2/3 of both houses of Congress
¾ of the 50 states
Article VI
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Supremacy Clause- The Constitution is the
supreme law of the land therefore trumps
all other (federal, state, and local) laws that
contradict it
Oath of office procedures
Public debts still valid despite new form of
government being instituted
Article VII
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Constitutional ratification process