THE CONSTITUTION

“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government. We cannot let government dominate our lives and interests.”– Patrick Henry (anti-Federalist)

It must never be forgotten that the liberties of the people are not so safe under the gracious manner of the government. What protects liberties is the limitation of its power.– Richard Henry Lee

The Principles of the United States Constitution

1. Popular Sovereignty

The power in this country lies with the people because we have the ability to vote

2. Rule of Law Government is limited to the power given

them in the Constitution. No one in government is above the

Constitution, not even the President. The Constitution tells how leaders who

overstep their power can be removed

3. Federalism The division of power between State and

National Governments

National Govt: Expressed powersex-coining money

State Govt: Reserved powersex- education,

marriageShared: Concurrent powers

ex- collect taxes

“The general government cannot effectually exist without reserving to the STATES the possession of their local rights.”– Charles Pinckney

– Federalist or anti-Federalist?

4. Separation of Powers

Government is divided into 3 branches, each with their own duties, who share power

Legislative branch makes the lawsExecutive branch carries out the lawsJudicial branch interprets the laws

Legislative Branch Senate and House of Representatives

Senate: 100 members, 2 from each state H.O.R.: 435 members, based on population of the state

Executive Branch President, Vice-president, cabinet

Judicial Branch

Supreme Court and all other lower courts

5. Checks and Balances

Each branch has checks or restraints on the others to make sure that they don’t get too powerful.

6. Judicial Review

The power of the Supreme Court to declare certain acts of the President or Congress unconstitutional or “null and void”

This is one of the checks belonging to the judicial branch.

It was first used in 1803 in the U.S. Supreme Court case Marbury v. Madison.

Since then the Supreme Court’s interpretation of laws has been upheld in many court cases.