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
Checks and Balances
• 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
• 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