The Constitution

Major Principles The Constitution rests on six major principles of government: Popular Sovereignty Federalism Separation of Powers Checks and Balances Judicial Review Limited Government

Popular Sovereignty The Constitution is based on the concept of popular sovereignty – rule by the people. United States government is based on the consent of the governed; the authority for government flows from the people.

Federalism The terms federalism and federal system describe the basic structure of American government. Under federalism power is divided between national and state governments. Both levels have their own agencies and officials, and pass laws that directly affect citizens.

Separation of Powers The Constitution limits the central government by dividing power among the legislative, executive and judicial branches. Under separation of powers, each branch has its responsibilities which was designed to prevent any branch from gaining too much power.

Checks and Balances According to the principle of checks and balances each branch of government exercises some control over the others.

Judicial Review Judicial review is the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution. All federal courts have this power, but the Supreme Court is the final authority on the meaning and interpretation of the Constitution.

Marbury v. Madison The Founders did not explicitly give such power to the judicial branch. In 1803, the Supreme Court established judicial review with the case Marbury v. Madison. This case established the precedent for federal courts to be able to rule on the actions of government.

Limited Government The principle of limited government means that the Constitution limits the actions of government by specifically listing powers that it has and does not have. The Bill of Rights (first 10 amendments) set specific limits in the areas of freedom of expression, personal security, and fair trials.