1. Six basic principles of the US Constitution

2. 1) Popular Sovereignty Power comes from the people.
Preamble: “We the People do ordain and establish this Constitution”

3. But what might be a downside to popular sovereignty?
Sounds good . . .
But what might be a downside to popular sovereignty?

4. Tyranny of the Majority
What if the people become a source of tyranny to minorities (racial, religious, economic, gender, sexual orientation)?
Madison was most concerned about the targeting of the rich, but also a firm believer in protecting religious minorities.
So the Constitution checks popular sovereignty by . . .

5. 2)Limited Government
Constitutionalism – government is limited to the powers given to it by the constitution
Rule of law – that everyone, even elected officials, in answerable to the law.
Bill of Rights- Limits gov. power

6. 3) Separation of Powers Functions of government divided up
Congress – write the laws- Art. 1
President – enforce the laws- Art. 2
Courts – interpret the laws- Art. 3

7. 4) Checks and Balances
Not only do you divide up functions of government , but you pit each branch against each other
“So that ambition could be made to counter ambition” – Federalist 10, James Madison
Uniquely American idea

8. Checks and Balances
President – Veto bills of Congress, enforcement (against Congress) enforcement, nominate members of courts (against federal courts)
Congress – legislative initiative, appropriations, impeachment of Pres., confirmation of nominees, veto override (against President) Confirmation of court nominees, legislative initiative (against federal courts)
Courts – Judicial review and life term (against Congress and the President)

9. 5) Judicial review
Courts ability to determine if laws/ actions are constitutional.
Not explicit to the Constitution, but to some extent expected
Court has struck down about 150 acts of Congress but more tan a thousand state laws
Enforcement?

10. 6) Federalism
Division of power between state and federal levels of government
Who has the power to do what? States or Feds?
Births, marriages, divorces, contracts, the bulk of criminal and civil law all happen at the state level
But if a state law conflicts with either federal law or the US Constitution then the state law is voided under the Supremacy Clause

11. Which of these six principles contradict each other?
Question
Which of these six principles contradict each other?