MAJOR THEMES OF THE
U.S. CONSTITUTION
Separation
of Powers
“A model of government where the State is
divided into branches, each with independent
powers and areas of responsibility.”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
Each branch has distinct
powers – all three branches
must WORK TOGETHER
to carry out their powers!
EXAMPLES?
SEPARATE INSTITUTIONS
SHARING POWERS
Checks and
Balances
“To prevent one branch from becoming too
strong and encourage cooperation, gov’ts
employ a system of ‘checks and balances.’”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
…by powers that
are granted in
the Constitution!
EXAMPLES?
Representative
Republicanism
“A variety of democracy founded on the
principle that elected officials represent
groups of people.”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
House of Reps! Senate! POTUS!
What FOUNDERS wanted:
What FOUNDERS DIDN’T want:
1.) REPUBLICAN SYSTEM
1.) “RUNAWAY DEMOCRACY”
2.) LIMITED GOVERNMENT
…would lead to MOB RULE, anarchy!
3.) Government “BY THE PEOPLE”
…small group of elected leaders to
speak and act on behalf of public!
Federalism
“System of gov’t where sovereignty, power and
responsibility is divided between a national
gov’t and constituent political units (such as states).”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
…by the EXPRESSED powers of the Federal Government (Articles I, II, III)
…by the TENTH AMENDMENT …by ARTICLE IV (what two clauses?) –
created RECIPROCITY AMONG STATES
What FOUNDERS DIDN’T want:
1.) A CENTRALIZED GOVERNMENT
…system where national gov’t undertakes certain responsibilities & states others.
Popular
Sovereignty
“Concept focused on the idea that the
authority of the government is created and
sustained by the consent of its people, or
representatives!”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
…by the FIRST THREE WORDS in the PREAMBLE
…by the NINTH AMENDMENT …AMENDING the Constitution
…by the HOUSE OF REPRESENTATIVES
Limited
Government
“Type of gov’t where the role, systems,
procedures and powers of the government
are given and limited by a written
constitution.”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
…by the CONSTITUTION itself!
…by the TENTH AMENDMENT
…U.S. Constitution lists LIMITS ON THE GOVERNMENT (Art. I, Sec. 9)
1.)
2.)
3.)
4.)
“WRIT OF HABEAS CORPUS”
“BILL OF ATTAINDER “
“EX POST FACTO LAW”
“TITLE OF NOBILITY”
Judicial
Review
“A legal principle under which legislative and
executive actions are subject to review (and
possible invalidation) by the judiciary.”
HOW IS THIS THEME ESTABLISHED IN THE U.S. CONSTITUTION?
…it really isn’t – it is IMPLIED from several sections in ARTICLE III
1.) ART. III, SEC. 1: “The judicial power of the
United States, shall be vested in one Supreme
Court…”
2.) ART. III, SEC. 2: “The judicial power shall extend
to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and
treaties made, or which shall be made, under their
authority…”
MARBURY V. MADISON (1803) ruled that the
federal courts have the duty to REVIEW THE
CONSTITUTIONALITY of acts of Congress and
to declare them void when they are contrary
to the Constitution.