Principles of the Constitution

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PRINCIPLES OF THE CONSTITUTION

A SET OF GUIDING PRINCIPLES• At the time of its adoption the Constitution was

unique and though it has been imitated in form, it has never been imitated in spirit or in operation.

• It possessed certain salient principles:• Popular Sovereignty• Separation of Powers• Checks and Balances• Federalism• Enumerated Powers• “Living” document

• Each and every one of these principles was known at least in theory, if not in practice.

WHAT IS POPULAR SOVEREIGNTY?

T H E U LT I M AT E S O U RC E O F P O W E R I N A N AT I O N I S H E L D BY T H E P E O P L E .

POPULAR SOVEREIGNTY• The Constitution’s Preamble begins with “We the

People…”• This statement signifies the coming together of people,

not States, for the purpose of creating a new government.• No law can be passed without the approval of the

“People’s house.”• The House of Representatives is comprised of members

apportioned by population and subject to re-election every 2 years.

• All revenue measures must originate in the House, an explicit assertion of “no taxation without representation.”

WHAT ISSEPARATION OF POWERS?E A C H B RA N C H O F G O V E R N M E N T E N J OY S S E PA RAT E A N D I N D E P E N D E N T P O W E R S A N D A R E A S O F R E S P O N S I B I L I T Y.

SEPARATION OF POWERS• “When legislative, executive, and judicial powers

are exercised by different institutions, power cannot be easily abused” – Baron de Montesquieu• The Constitution assigned specific

responsibilities and powers to each branch of the government by giving:• legislative power to Congress• executive power to the president• judicial power to the Supreme Court

WHAT ISCHECKS AND BALANCES?

A S Y S T E M O F L I M I T S T H AT G I V E S E A C H B R A N C H O F G O V E R N M E N T T H E L I M I T E D R I G H T T O C H A N G E O R C A N C E L T H E A C T S O F T H E O T H E R B R A N C H E S .

CHECKS AND BALANCES• The Constitution requires the branches of

government to work together to formulate policy.• This system of “separate institutions sharing

power” helps to ensure that no one interest or faction can easily dominate the government.• Examples:• The exercise of presidential vetoes• Senate advice and consent• Judicial interpretations

WHAT ISFEDERALISM?

A S Y S T E M O F G O V E R N M E N T I N W H I C H P O W E R I S D I V I D E D B E T W E E N A C E N T R A L G O V E R N M E N T A N D C O N S T I T U E N T P O L I T I C A L S U B U N I T S .

FEDERALISM• To ensure that all power was not entrusted into a

centralized government, which would reduce the States to mere geographic subdivisions, the delegates divided the powers between two levels.• Two levels of government:• State governments – local concerns• Federal government – national concerns

WHAT AREENUMERATED POWERS?

P O W E R S T H AT A R E E X P L I C I T LY G RA N T E D BY T H E C O N S T I T U T I O N .

ENUMERATED POWERS• The Constitution spells out the powers of the new

federal government in detail and the government’s authority does not extend beyond those powers.• James Madison argued that by rejecting a

government of unlimited, unrestricted power then individual rights, including those unalienable rights, would be protected from the irresponsible exercise of power.

“LIVING” DOCUMENT• The delegates believed that the Constitution

should have some measure of flexibility to meet the changing demands placed over time.• Unlike the Articles of Confederation, the Constitution

would go into effect when it had been ratified by nine of the thirteen States.

• Furthermore, once ratified, it could be amended by a two-thirds vote of each house of Congress.

INTERPRETATIONWHAT DO YOU SEE?

CONSTITUTIONAL INTERPRETATION

• Most of the Constitution’s provisions were left vague so that each American generation had some ability to interpret them.• How much discretion is justified in interpreting

the Constitution?• Do you interpret the Constitution in a loose manner?• Do you interpret the Constitution in a strict manner?

LOOSE/STRICT• The Constitution is read as broad and open-ended;

adaptable to changing times and conditions.• Chief Justice Marshall gave the federal government

considerable implied (not specifically stated) powers to regulate the economy.• McCulloch v. Maryland gave Congress the power to create a national

bank.• Marshall stated that the bank was “necessary and proper” to help

regulate commerce and raise armies.• The Constitution is read as narrow, fixed and specific.• The Constitution is only to be changed by the formal amendment

process and not by congressional action or judicial ruling.• Jefferson and Madison argued that Congress only has

powers explicitly stated in the Constitution.