Constitution
Lesson 1
The Constitution
constitution is supreme law of the land!
- only 7,000 words
6 Basic Principles
A. Popular Sovereignty
- people are the only source of govt. powers
1. Govt. can govern only with the consent of the governed.
2. Preamble – “We the people of the U.S.A. do ordain
and establish the constitution.”
3. People created const. and gave govt. certain powers.
- state govts. also receive power from the people.
B Limited Government
B.
1. govt. is not “all powerful.” - can only do what people allow.
2. constitutionalism – govt. must follow the constitution.
3. rule of law – govt. and officers are subject to the law
- never above the law.
4. Most of the Const. says what govt. can’t do…
- “Congress shall make no law …”
C. Separation of Powers
- Parliamentary
li
Æ parliament
li
has
h all
ll the
h power.
- Presidential Æ power split between executive, legislative,
and judicial.
1 C
1.
Congress iis the
h lawmaking
l
ki branch.
b
h
2. President is the law executing, law enforcing, and law
administering branch.
3. Federal courts interpret and apply the laws.
D. Checks & Balances
- constitutional
tit ti l checks
h k on other
th branches
b
h
1. Congress makes laws
- President can veto law
- Congress can override veto with 2/3 vote
- can also not approve president’s appointees
2. President names Federal Judges
- Senate must approve appointees
- courts can judge constitutionality of actions
of President & Congress.
3. Rarely
y are there big
g clashes between the branches.
- branches don’t make decisions without thinking
about the checks on their own branch!
- laws,
laws Presidential picks,
picks etc.
etc
- sometimes they clash – vetoes, vote overrides, etc.
4. Compromise is vital to the government!
E. Judicial Review
- power to declare laws unconstitutional (illegal & void)
1. Power is given to all Fed. courts & most state courts.
- const. gives it to Fed. -- states have understood power.
2. “Marbury vs. Madison” - 1803
- 1st time it was used – Marbury did not have the right
to sue the govt.
F. Federalism
- division of power among a central govt.
govt and
several regional govts.
1. wanted a stronger national govt. while preserving
the
h rights
i h of the
h states.
- colonists had fought hard to get out from under
a strong govt.