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Topic 3: The Constitution�Section 1

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Outline of the Constitution

The Constitution sets up how our government will be organized. It is set up in a simple fashion and is fairly brief.

In many areas it focuses more on principles than specific details. This helps it guide the nation through changing times.
The seven articles are followed by the 27 amendments.

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Chapter 3, Section 1

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6 Major Principles

What are the six main principles on which the Constitution is based?

Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
The Constitution embodies these key principles along with describing the basic structure of our government.

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Chapter 3, Section 1

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Popular Sovereignty

The principle that the people are the only source for all governmental power.

The government rules through leaders elected by the people to represent the people.

The Preamble notes that the Constitution is created by “We the People.”

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Limited Government

Government may only do those things the people have given it the power to do.

Government must obey the law.

Much of the Constitution spells out limits on the power of the government.

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Separation of Powers

How does the separation of powers keep government from becoming too powerful?

The Constitution divides power among the legislative, executive and judicial branches.
Too much power concentrated in any one branch could lead to abuses of that power.

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Chapter 3, Section 1

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Checks and Balances

Each branch of the federal government can check the power of the other two.

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Checks and Balances, cont.

The use of checks is fairly rare.

Compromise is more common
Conflicts more likely when Congress and the presidency are controlled by different parties.

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Judicial Review

Federalism

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Judicial Review

The Courts can decide if a government action is constitutional.

The power of judicial review is held by all federal courts and most state courts.

Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case Marbury v. Madison in 1803.

Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years.

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Federalism

Federalism is a compromise between an all-powerful central government and an independent state government.

It corrected the weaknesses of the Articles of Confederation

The Framers felt that too much governmental power threatened liberty.

Federalism helps prevent that power from being abused, by dividing governmental power.

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Key Terms

popular sovereignty: the political principle that people are the source of all governmental power and that government requires the consent of the governed
limited government: the idea that government may only do those things that the people have given it the power to do
constitutionalism: the idea that government must be conducted according to constitutional principles

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Key Terms, cont.

rule of law: the principle that government and its officers must always obey the laws of the land
separation of powers: the principle that each of the basic powers of government—executive, legislative, and judicial—should be wielded by an independent branch of government

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Key Terms, cont.

checks and balances: the system under which each branch of government can check, or limit, the actions of the other branches
veto: to reject an act of Congress
judicial review: the power of a court to determine whether a government action is constitutional or not

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Key Terms, cont.

unconstitutional: in violation of a provision of the Constitution, and therefore illegal and of no effect
federalism: the principle that political power should be divided between a central government and a number of regional governments

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Chapter 3, Section 1