Six Key Constitutional Principles:

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Six Key Constitutional Principles

• Popular Sovereignty

2
Six Key Constitutional Principles

• Popular Sovereignty
• Limited Government

3
Six Key Constitutional Principles

• Popular Sovereignty
• Limited Government
• Separation of Powers

4
Six Key Constitutional Principles

• Popular Sovereignty
• Limited Government
• Separation of Powers

• 4. Checks and Balances

5
Six Key Constitutional Principles

• Popular Sovereignty
• Limited Government
• Separation of Powers

• 4. Checks and Balances
• 5. Federalism

6
Six Key Constitutional Principles

• Popular Sovereignty
• Limited Government
• Separation of Powers

• 4. Checks and Balances
• 5. Judicial Review
• 6. Federalism

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Popular Sovereignty

• Power rests with the people
• People create government
• Government of the people, by the people, and for
  the people

8
Separation of Powers

• Legislative
• Executive
• Judicial

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Limited Government

• The Rule of Law
• No one is above the law!
• Constitutionalism
• The Constitution is the highest law in the
  land!

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The Supremacy Clause   The U.S. Constitution Its
1 It Rules!!!   Acts of Congress   Treaties
  State Constitutions   State Statutes
(Laws)   City, Village, and County Charter City,
Village, and County Statues (Laws)
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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 2/3s vote of both Houses.
• The Courts may find a law passed by Congress and
  signed by the President UNCONSTITUTIONAL.

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Judicial review

• The power of the Courts to determine
  Constitutionality
• Written by John Marshall
• Marbury vs. Madison

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John Marshall
The 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 Courts power of judicial
review.
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Americas 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.

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Federalism

• The sharing of power between the states and the
  Federal Government
• With the Federal government supreme

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Powers Under Federalism

• Delegated Powers
• Concurrent Powers
• Reserved Powers
• Implied Powers
• Inherent Powers

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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
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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

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Concurrent Powers

• The
• Power
• to
• Tax

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Reserved Powers

• LICENSES
• MARRIAGE
• FISHING
• TEACHING
• HUNTING

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Implied Powers

• Article 1
• Section 8
• Subsection 18
• The necessary and proper clause.

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McCulloch vs Maryland

• Justice John Marshall rules!!!
• Reserved Powers of the state of Maryland
• AGAINST
• Implied Powers of the Federal Government
• IMPLIED POWERS WIN

Necessary Proper Clause
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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 Marshalls 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 thesupremacy clause of the
Constitutions Article VI, which provides that
federal law takes precedence over state law.
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Amending the Constitution

• Method 1 used 26 times
• Proposed by 2/3s vote of Congress
• Ratified by ¾s of the States
• Method 2 used 1 time
• Proposed by 2/3s vote of Congress
• Ratified by Conventions in ¾s of the States

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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

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Changing the Constitution by Custom

• Created a cabinet to serve as advisors to the
  President.
• Each President since Washington has had a
  Cabinet.

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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!