“Principles of the Constitution” (ch. 3.4) 1.9

Preamble We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Popular Sovereignty People have the right to rule Constitution: “We the people…” Declaration of Independence: government draws powers “from the consent of those governed”

Rule of Law The idea that law should govern a nation Judicial Review: Power of Supreme Court to decide whether or not the acts and laws of the other branches are constitutional this is part of the system of checks and balances Not in the Constitution Created by a court precedent in Marbury v. Madison

Federalist paper number 45 The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.

Federalist Paper No. 51 If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place, oblige it to control itself.

Limited Government Government and those who work for it should be limited in scope. Citizens are given express rights and powers to change the government (voting, petitions, suing, impeachment, etc.)

Articles I, II, and III All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. – Article I, Sec. I  The Executive power shall be vested in a President of the United States of America. – Article II, Sec. I The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. - Article III, Sec. I

Separation of Powers Article I- Legislative Branch: makes laws Aka Congress “Bicameral” House of Representatives and Senate Article II- Executive Branch: enforces laws Aka President, Cabinet, and Agencies Article III- Judicial Branch: interprets laws Aka Supreme Court

Federalist Paper Number 51 But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.

Checks and Balances Each branch can “check” the others to make sure they are not too powerful “balances” the power of the branches

Article IV  New states may be admitted by the Congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, without the consent of the legislatures of the states concerned, as well as of the Congress. – Article IV, Sec. 3

10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Federalism Government actions and abilities split into two levels in accordance with the Constitution: power shared between a national and state government. Top level: National aka “Federal” government Middle level: State government Each level is in charge of different tasks

North Carolina Constitution The General Assembly shall provide for the organization and government and the fixing of boundaries of counties, cities and towns, and other governmental subdivisions – Article VII, Sec. I

Federalism Continued… Government further split with State constitution’s: Lowest level: Local aka county, city, or town government

Supremacy Clause AND a rEPUBLIC The Constitution is the Supreme Law of the Land. All other laws fall underneath the Constitution Our form of government is called a republic. The Constitution created a republic: a form of government where elected officials act on the behalf of their constituency to pass laws and govern. SO……..

Judicial Review Power of the court to determine the constitutionality of a government Supremacy Clause – US Constitution is the supreme law of the land

I Pledge Allegiance to who?