Six Basic Principles of the US Constitution
Popular Sovereignty – people are the only source of government power; power is
received from the power.
Limited Government – No government is all - powerful, that a government may
do only those things that the people have given it the power to do.
Separation of Powers – Three branches of government
Checks and Balances – Each branch is subject to a number of constitutional
checks (restraints) by the other branches.
Judicial Branch – The power of courts to determine whether what government
does is in accord with what the Constitution provides (Established in 1803 case
Marbury v. Madison).
Federalism – The division of power among a central government and several
regional governments
Principle – a fundamental truth or proposition that serves as the foundation for
system of belief or behavior or for a chain of reasoning.
Federalism: The Division of Power
The Tenth Amendment was included in the Bill of Rights to further define the balance of power
between the federal government and the states. The amendment says that the federal
government has only those powers specifically granted by the Constitution. These powers
include the power to declare war, to collect taxes, to regulate interstate business activities and
others that are listed in the articles.
Any power not listed, says the Tenth Amendment, is left to the states or the people. Although
the Tenth Amendment does not specify what these “powers” may be, the U.S. Supreme Court
has ruled that laws affecting family relations (such as marriage, divorce, and adoption),
commerce that occurs within a state’s own borders, and local law enforcement activities, are
among those specifically reserved to the states or the people.
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The National Government is a government of delegated powers. That is, it has only
those powers granted to it in the Constitution.
o There are three distinct types of delegated powers: expressed, implied, and
inherent.
 Expressed Powers are delegated to the National Government in the
Constitution. These powers are also called “enumerated powers.” Found
in Article I, Section 8 in which 27 powers are given to Congress.
 Implied Powers are not expressly stated in the Constitution but are
reasonably suggested, or implied, by expressed powers is found in the
expressed power of the Necessary and Proper Clause.
 Inherent powers belong to the National Government because it is the
government of a sovereign state within the world community.
The Exclusive and Concurrent Powers
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Exclusive Powers – These are powers that can be exercised by the National Government.
Concurrent Powers – are those powers that both the National and State Government
possess and exercise.
Reserved Powers are those powers that the Constitution does not grant to the National
Government and does not, at the same time deny to the States.
Delegated Powers of
the National
Government
Concurrent Powers
Reserved Powers of
the State
Coin Money
Levy and collect taxes
Regulate interstate and
foreign trade
Raise and maintain armed
forces
Declare war
Borrow Money
Regulate trade and
business within the State
Establish public schools
Govern US territories and
admit new states
Conduct foreign relations
Establish courts
Define crimes and set
punishments
Claim private property for
public use
Pass license requirements
for professionals
Regulate alcoholic
beverages
Conduct elections
Establish local
governments
Drafting the US Constitution
Articles of Confederation 1781 – 1789
Weakness to the AOC:
 Inability to tax
 No standard currency
 Foreign Relations Issues
 No real power to enforce national laws
Compromises in Drafting the US Constitution
The Virginia Plan
Three Branches
Bicameral legislature (two houses)
Representation based on
population
The New Jersey Plan
Three Branches
Unicameral legislature (one house)
Representation equal for each state
Connecticut (Great) Compromise
Three Branches (Legislative, Executive, Judicial)
Bicameral Legislature (Congress: House of Reps and
Senate)
Representation equal for each state in the Senate
Representation varies by population for House of Reps
Checks and Balances
Formal Amendment Process
Formal Amendment changes or additions become part of the written
language of the Constitution itself.
 1st Method – Proposed by a two-third vote in each house of Congress
and be ratified by three fourths of the State legislatures. Today that
is 38 state legislatures
 2nd Method – Proposed by Congress and then ratified by conventions,
called for that purpose in three fourths of the States. Only the 21st
Amendment was ratified this way.
 3rd Method – Proposed by a national convention, called by Congress
at the request of two thirds of the State legislatures and it must be
ratified by three fourths of the State legislatures.
 4th Method – Proposed by a national convention and ratified by
conventions in three fourths of the States. The Constitution was
adopted this way.