Major Principles of the
Constitution
The Constitution is the Blueprint
4,500 words
• Constitution blended ideas from the
past with uniquely American principles
of governing
• Three main parts
• Preamble—states broad goals
• The seven articles—create structure of
the U.S. government
• The amendments—27 changes added
during the nation’s history
Basic principles
• Structure and language expresses six
basic principles
Popular sovereignty
Limited government
Separation of powers
Checks and balances
Judicial review
Federalism
Framers believed if federal government reflected and remained true to basic
principles, goals of U.S. Constitution could be accomplished.
Popular Sovereignty
• Government gets its authority from the people
• Ultimate political power remains with the people
• Creating a republic established the people’s authority
– Citizens did not have unlimited power
– Not a direct democracy
– Placed constitutional limits on popular sovereignty
• James Madison felt republic best way to guard against the dangers of
factions
– Defined as number of citizens united by common interest
– Could be minority or majority
– Might act in a way that hurt the rights of other citizens or the interests of the
nation
• Since factions certain to exist, must limit their effects
Republican form of government
• Elected leaders represent broad and diverse group of citizens with
competing interests
• Tend toward factions with broad interests
• Not narrowly partisan ones
Popular sovereignty at heart of government
• Each election is chance for citizens to exercise sovereignty
• Elected leaders work for you; can vote to “fire” elected officials when you
step into voting booth
• Important power—important responsibility
• Citizens have obligation to vote wisely; choose leaders after thoughtful
deliberation
How is popular sovereignty expressed in the
Constitution?
Answer(s): The Preamble begins with the words “We
the People of he United States,” indicating that
government gets its authority from the people.
Federalism
• The powers of government are distributed between the national
government and state governments—federalism
• Framers struggled to find acceptable distribution of powers with the rights
of states and sufficient national government strength
• Two clauses spell this out, Article I, Section 8 and Article VI
Supremacy clause
• Advocates for states rights found
clauses troubling—where was limit to
federal power
• Amendment X addresses issue
• Powers not delegated are reserved to
the states respectively, or to the
people
Flexibility
• Language allows for strong federal
government but guarantees states
retain powers and rights
• Strong federal authority for national
defense, disaster response, and
highway construction accepted;
disagreement with other issues
Limited Government
Opposition to control
• Most Americans opposed too much
government control of business or
private activities
• Framers felt limited government
promoted goals, protected individual
rights
Part of Constitution
• Principle of limited government spread
throughout
• List of powers extensive, but powers
not listed are excluded
• Powers are explicitly denied
• Bill of Rights a safeguard
Definition
• Principle that powers and functions of
government are restricted
• Also know as rule of law—concept
that every member of society must
obey the law; is never above it
Vigorous civil society
• Works to constrain government
power; part of political process,
helping educate and inform the
citizenry
• Holds government accountable when
it fails or exceeds power
Separation of Powers
Three distinct branches
• Created to ensure powers of
government not concentrated in
hands of a few officials or agencies
• Principle of separation of powers
governing duties divided among three
branches
Article II
• Establishes duties of the executive
branch; the president, the vicepresident, and the many executive
departments
• Carries out laws passed by legislative
branch
Article I
• Creates and empowers Congress, the
lawmaking body of the nation
• House of Representatives and Senate;
each with special powers
• House has “power of the purse”
Article III
• Establishes the judicial branch,
including the Supreme Court
• Exercises the judicial power of the
United States; interprets and applies
the law
Checks and Balances
• Each branch with own area of governmental responsibilities
• Not completely separate from each other
• Designed so none can dominate; no branch can control
• “Common good” maintained—policies and actions that benefit all of
society, such as health, safety, and defense programs
System established
• Checks and balances—each branch of
government has the power to change
or cancel acts of another branch
• System prevents exertion of too much
power
Balance
• Congress checks executive by
controlling taxes and spending
• Can reject nominations; approve
treaties
• Congress given power to declare war;
limits president’s power
Other branches have checks
Executive branch
• Power to veto, or reject, legislation
• Threat of veto sometimes sufficient to
push revision of legislation so it has
better chance of getting signed
• President can exercise veto power
Unconstitutional
• Judicial branch can declare acts
unconstitutional—the power of
judicial review
• Federal judges given lifetime terms;
insulated from undue political
influence
Veto limited
• Congress can override veto with twothirds majority of both houses
• If Congress can muster enough votes,
the bill passes
Judicial review balanced
• President has power to make federal
judicial nominations
• Congress has power to approve all
federal judicial nominations
Name at least one check or balance that
each branch of government has on the
others.
Answer(s): legislative: can reject the executive
branch’s job appointments; executive: can veto laws
passed by legislative branch; judicial: can rule acts of
other branches unconstitutional
Judicial Review
Deciding constitutionality
• Courts exercise judicial review—power to determine whether actions of
legislative and judicial branch are constitutional
• Any law or government action (federal or state) found to violate a part of
the Constitution is said to be unconstitutional; act deemed illegal and
cannot be enforced or carried out by the government
Judicial review not mentioned in Constitution
• Writers of Federalist Papers made it clear courts were to have such power;
an independent judiciary would serve as precaution against one branch
becoming predominant over the others
• In 1803 the Supreme Court established the principle of judicial review with
the landmark case Marbury v. Madison