The Constitution Chapter 3

Basic Principles Chapter 3 Section 1

The Constitution Written in 1787 and took effect in 1789. Remains a vitally important and vibrant document. The Constitution is this nation’s fundamental law. “The supreme law of the land” – Highest form of law in the United States.

Basics of the constitution The Constitution is the Supreme Law of the Land. It sets the framework of government. The people are sovereign and government is limited. The Constitution distributes powers among three branches of government. Each branch has the power to check the other branches.

Structure of constitution Organized simply, 3 parts: Short Intro  Preamble  Statement of purpose. Divided into seven numbered sections  Articles Article I  Legislative Branch Article II  Executive Branch Article III  Judicial Branch Article IV  Relationship of States and Federal Gov’t (Federalism) Article V  Amendment Process Article VI ”Supremacy Clause” - Constitution is Supreme Law Article VII Ratification – 9 of 13 states 3. The 27 Amendments  “Changes”, allows document to “live” and respond to current situations. 1st 10  Bill of Rights The Constitution is built around 6 BASIC PRINCIPLES: Pop Sov, Lim Gov, Sep of Powers, Checks & Bal, Jud Rev, & Federalism

Basic Principles: Popular sovereignty Popular Sovereignty  Rule by the people; the cornerstone of the constitution. Authority for government flows from the people. Pop Sov is seen throughout the Constitution: “We the People of the United States… do ordain and establish this Constitution for the United States of America.”

Basic principles: Limited government Limited Government  NO government is all-powerful. Government may do only the things that the people have given it the power to do. Gov’t can’t do whatever it wants… Gov’t must obey the law. Constitutionalism – Gov’t must be conducted according to constitutional principles. Rule of Law  Government officials aren’t above the law.

Basic principle: Separation of powers In a Presidential Gov’t the basic powers (Exec, Leg, Jud) of gov’t are separate among three distinct and independent branches of government. Separation of Powers Power in the U.S. is distributed between Congress (the Legislative Branch), the President (Executive Branch), and the courts (Judicial Branch). Articles I, II, and III of the Constitution.

Basic principle: Checks and balances The process by which each branch of government exercises some powers over the others. Guarantees that no branch of government will become too powerful.

Basic principle: Judicial review Judicial Review  The power of the court to determine the constitutionality of a governmental action. Gives the power to declare gov’t actions unconstitutional (declare illegal, null and void, of not force and effect) This power is held by all federal and most state courts. Supreme Court established power of Judicial Review in the landmark case, Marbury v. Madison. Established the precedent for federal courts to rule on the actions of the government.

Basic principle: federalism Division of power between state and national governments. A way to forge a union but limit central power.