Six Key Constitutional Principles: Popular Sovereignty.

Six Key Constitutional Principles:

• Popular Sovereignty


1. Popular Sovereignty

2. Limited Government




3. Separation of Powers





4. Checks and Balances






5. Federalism






5. Judicial Review

6. Federalism

Popular Sovereignty

• Power rests with the people

• People create government

• Government of the people, by the people, and for the people

Separation of Powers

•Legislative

•Executive

•Judicial

Limited Government

The Rule of Law:

No one is above the law!

Constitutionalism:

The Constitution is the highest law in the land!

The Supremacy Clause

The U.S. ConstitutionIt’s #1 – It Rules!!!

Acts of Congress

Treaties

State Constitutions

State Statutes (Laws)

City, Village, and County Charter

City, Village, and County Statues (Laws)

Checks and Balances• Congress makes the laws but Presidents

may veto laws passed by Congress.• Presidents may veto laws but Congress may

over-ride a veto by a 2/3’s vote of both Houses.

• The Courts may find a law passed by Congress and signed by the President UNCONSTITUTIONAL.

Judicial review

• The power of the Courts to determine Constitutionality

• Written by John Marshall

• Marbury vs. Madison

John MarshallThe fourth Chief Justice of the United States, John Marshall helped to elevate the status and power of the Supreme Court. Recommended by Washington. President John Adams appointed Marshall to the high Court in 1801. He held the office until his death in 1835. The most famous case heard by Marshall, perhaps, was the 1803 Marbury v. Madison case, which resulted in the fortification of the Court’s power of judicial review.

America’s 1st Great Justice!

Marshall died in Philadelphia on July 6, 1835. According to tradition, the Liberty Bell cracked while being tolled in mourning for him.

Federalism• The sharing of power

between the states and the Federal Government

• With the Federal government supreme

Powers Under Federalism:

• Delegated Powers

• Concurrent Powers

• Reserved Powers

• Implied Powers

• Inherent Powers

Division of Governmental Powers

Federal Only Concurrent/Shared States Only

Declare war Tax! Issue licenses

Make peace Borrow money Provide local:

Army, Navy Establish courts Government

Regulate trade Arrest people Schools

Issue money

Treaties

Delegated Powers

Powers under Federalism that include:

• Coin money and issue currency

• Create the armed forces

• Tax imports

• Settle disputes between states

• Negotiate Peace Treaties

• Declare War

ThePower to Tax

LICENSES:

MARRIAGE

FISHING

TEACHING

HUNTING

Article 1Section 8Subsection 18The necessary

and proper clause.

McCulloch vs Maryland• Justice John Marshall

rules!!!• Reserved Powers of the

state of Maryland• AGAINST• Implied Powers of the

Federal Government• IMPLIED POWERS WINNecessary & Proper Clause

McCulloch vs Maryland -- Marshall Rules

Supreme power of the Federal Government established!!!McCulloch v. Maryland (1819) was one of the most important cases in United States history because it helped establish how powers are distributed between the federal government and the states. The case arose when the state of Maryland attempted to impose a tax on the Bank of the United States. Critics of the bank argued that the Constitution of the United States did not specifically grant Congress the power to charter a bank. In striking down the Maryland tax by a vote of 7 to 0, the court decided two issues. First, Chief Justice John Marshall’s opinion concluded that the bank was legitimate because it was chartered under the constitutional clause empowering Congress to enact laws that are “necessary and proper” for governing the country. Second, Marshall ruled that the Maryland tax violated the“supremacy clause” of the Constitution’s Article VI, which provides that federal law takes precedence over state law.

Amending the Constitution

• Method #1 – used 26 times– Proposed by 2/3’s vote of Congress– Ratified by ¾’s of the States

• Method #2 – used 1 time– Proposed by 2/3’s vote of Congress– Ratified by Conventions in ¾’s of the States

Informally Amending the Constitution

1. Acts of Congress

2. Actions of the President

3. Decisions of the Courts

4. Practices of the Political Parties

5. Customs

Changing the Constitution by Custom

• Created a cabinet to serve as advisors to the President.

• Each President since Washington has had a Cabinet.

When Informal Change becomes Formal Change!

• Washington established the precedent of only serving two terms.

• FDR was elected President 4 times.

• The 22nd Amendment now limits Presidents to two terms!

Six Key Constitutional Principles: Popular Sovereignty.

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