Six Key Constitutional Principles: Popular Sovereignty

Six Key Constitutional Principles: 1.Popular Sovereignty 2.Limited Government

Six Key Constitutional Principles: 1.Popular Sovereignty 2.Limited Government 3.Separation of Powers

Six Key Constitutional Principles: 1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4. Checks and Balances

Six Key Constitutional Principles: 1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4. Checks and Balances 5. Judicial Review

Six Key Constitutional Principles: 1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4. Checks and Balances 5. Judicial Review 6. Federalism

Popular Sovereignty Power rests with the people People create government Government of the people, by the people, and for the people

Limited Government The Rule of Law : No one is above the law! Example: President can’t kill anyone he wants. Constitutionalism: The Constitution is the highest law in the land! Example: What's the difference in a Felony Conviction vs. Misdemeanor?

Separation of Powers Legislative=Congress: House of Represenatives: 435 members, 2 year term Why 435? Senate: 100 members, 6 year term Why 100? Executive=President President: 4 year term, max 2 terms or 10 years Judicial=Supreme Court Supreme Court: 9 members (Chief Justice) Life Term, Why Life?

The Supremacy Clause The U.S. Constitution It’s #1 – It Rules!!! Acts of Congress: Laws Treaties State Constitutions State Statutes (Laws) City, Village, and County Charter City, Village, and County Statues (Laws)

Checks and Balances No Branch can Operate without the help of others… Does this make it easy or hard to “get things done”? Think, think, think, write down answer… Examples: Congress makes the laws but President may veto laws passed by Congress. President may veto laws but Congress may over- ride a veto by a 2/3’s vote of both Houses. The Courts may find a law passed by Congress and signed by the President UNCONSTITUTIONAL=JUDICIAL REVIEW

Judicial review The power of the Courts to determine Constitutionality (define) If a law/act of the President and/or Congress follows the ideas of the Constitution… Written by John Marshall (Chief Justice) Came from the case of Marbury vs. Madison 1803:

John Marshall -The fourth Chief Justice of the United States, John Marshall helped to elevate the status and power of the Supreme Court. Recommended by Washington. President John Adams appointed Marshall to the high Court in He held the office until his death in The most famous case heard by Marshall, perhaps, was the Marbury v. Madison case, which resulted in the fortification of the Court’s power of judicial review.

America’s 1 st Great Justice! Marshall died in Philadelphia on July 6, According to tradition, the Liberty Bell cracked while being tolled in mourning for him.

Federalism The sharing of power between the states and the Federal Government With the Federal government supreme

Powers Under Federalism: Delegated Powers Concurrent Powers Reserved Powers Implied Powers Inherent Powers

Division of Governmental Powers Delegated Powers= Federal Only Concurrent= Shared Federal and State Reserved Powers=States Only Declare war Tax!Issue licenses Make peace Arrest peopleProvide local: Army, Navy Establish courtsGovernment Regulate trade Schools Issue money/Borrow Money Treaties

Delegated Powers Powers under Federalism that include: Coin money and issue currency Create the armed forces Tax imports Settle disputes between states Negotiate Peace Treaties Declare War

The Power to Tax

LICENSES: MARRIAGE FISHING TEACHING HUNTING

Article 1 Section 8 Subsection 18 The necessary and proper clause or the “elastic” clause. Page:113 Read together! Think of a tiny pair of underwear… over time stretching and stretching and stretching and stretching… until today when it fits a 500 pound person

Inherent Powers Powers that are the natural/normal/accepted job of all Governments… Security, protection from outside forces and internal, generally means protecting “natural rights”….

McCulloch vs Maryland Justice John Marshall rules!!! Reserved Powers of the state of Maryland AGAINST Implied Powers of the Federal Government IMPLIED POWERS WIN Necessary & Proper Clause

McCulloch vs Maryland -- Marshall Rules Supreme power of the Federal Government established!!! -McCulloch v. Maryland (1819) was one of the most important cases in United States history because it helped establish how powers are distributed between the federal government and the states. -Critics of the bank argued that the Constitution of the United States did not specifically grant Congress the power to charter a bank. In striking down the Maryland tax by a vote of 9 to 0, the court decided two issues. -First, Chief Justice John Marshall’s opinion concluded that the bank was legitimate because it was chartered under the constitutional clause empowering Congress to enact laws that are “necessary and proper” for governing the country. -Second, Marshall ruled that the Maryland tax violated the "supremacy clause” of the Constitution’s Article VI, which provides that federal law takes precedence over state law.

Amending the Constitution Method #1 – used 26 times –Proposed by 2/3’s vote of Congress –Ratified by ¾’s of the States Method #2 – used 1 time –Proposed by 2/3’s vote of Congress –Ratified by Conventions in ¾’s of the States

Informally Amending the Constitution 1.Acts of Congress 2.Actions of the President 3.Decisions of the Courts 4.Practices of the Political Parties 5.Customs

Changing the Constitution by Custom Created a cabinet to serve as advisors to the President. Each President since Washington has had a Cabinet.

When Informal Change becomes Formal Change! Washington established the precedent of only serving two terms. FDR was elected President 4 times. The 22 nd Amendment now limits Presidents to two terms!