Principles of the Constitution “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in State governments are numerous and indefinite.” -James Madison, The Federalist No. 45

Power within the Constitution Popular Sovereignty The people give the government its power through the Constitution Limited Government No government is all-powerful – it may only do the things the people have given it the power to do. Constitutionalism – government must be conducted according to its constitutional power Rule of Law – all government officials and officers must obey the law.

Power within the Constitution Separation of Powers Lawmaking Powers are vested in the Congress of the U.S. Executive Powers are vested in the President Judicial Powers are vested in the Supreme Court Checks and Balances Provides restraints on each branch by connecting them to each of the other branches. Judicial Review Power of the courts to determine whether government actions are in accord with the Constitution allows it to do.

And last… Federalism Division of power between a Central/Federal government and several regional governments Powers of the National Government: Expressed Powers – powers given to the government that are spelled out in the Constitution Implied Powers – powers not spelled out, but reasonably suggested The Necessary and Proper Clause: Congress has power “To make all laws which shall be necessary and proper for carrying into Execution… all other powers vested by this Constitution…” Inherent Powers – powers given to the National Government because it is a national government. (i.e. immigration, diplomacy, actions to protect the nation.)

The Federalist Division of Power Exclusive Powers – Powers delegated to the National Government Coin Money Regulate interstate/foreign trade Raise and maintain armed forces Declare war Govern U.S. Territories and admit new states Conduct foreign relations Reserved Powers – Powers delegated to the State Government: Conduct elections Establish public schools Professional license requirements Regulate trade within states Regulate alcoholic beverages Establish local governments

Concurrent Powers – Powers that are shared between National and State Governments. Levy and collect taxes Establish courts Define crimes and punishments Borrow money Claim private property for public use

Review/Summary Explain how the Constitution divides power in order to create restrictions on power for each of the branches/levels of government. Include the following aspects in your discussion: Popular Sovereignty Separation of Powers Federalist division of power