POPULAR SOVEREIGNTY
Popular Sovereignty
• The idea that governmental power resides in the governed.
• The PEOPLE are sovereign
• The giving/receiving of power is a two step process
The national government DRAWS its power from the people of the United
States
The people of the United States GIVE their power through the Constitution
• Two places in US documents this is shown:
Declaration of Independence
United States Constitution
LIMITED GOVERNMENT
Limited Government
• The principle holds NO GOVERNMENT IS ALL POWERFUL
• A government can only do those things the people have given them the power to do
• Flip side of popular sovereignty
 The people are the source of the government power, and the government only
has the authority the people have given it.
• To put this another way – THE GOVERNMENT MUST OBEY THE LAW
• Other names for this concept
 CONSTITUTIONALISM – government is conducted by constitutional principles and
rules
 RULE OF LAW – government and its subjects are always subject to the law –
NEVER above the law
• Think of many of the amendments and how they are written…
 “Congress shall make no law…”
SEPARATION OF POWERS
Separation of Powers
• The powers of the government are vested in three distinct, separate branches
This is set out in the constitution
First lines of Articles I, II, III
• Remember back to our discussion of types of government
Presidential v. Parliamentary government
o Presidential – separate branches
o Parliamentary – all branches are gathered in a single agency
• Each branch is elected or appointed separately
• Each branch has separate, distinct powers and duties
Legislative – law making
Executive – law executing/enforcement
Judicial – law interpretation/application
CHECKS AND BALANCES
Checks and Balances
• Even though the branches of the government act on their own, they are subject
to “checks” or “balances” (restraints) from the other two branches
• The idea allows each branch to ensure neither of the other branches
assumes/uses/takes/moves too much power on their own
• Examples:
Legislative Branch – Can refuse to approve funds requested by the
President/creates lower courts and Senate can approve or reject judicial
appointments
 Judicial Branch – Judges can declare executive or legislative acts
unconstitutional, plus are appointed for life
Executive Branch – President appoints Supreme Court justices, President can
veto Congressional legislation
JUDICIAL REVIEW
Judicial Review
• The power of the court system to interpret the US Constitution
They determines whether or not the actions of the government are following
the Constitution
This idea is also called “CONSTITUTIONALITY”
• The idea of judicial review is not there in explicit words, but it is common sense
and expected to be used
Argued for in “FEDERALIST PAPERS”
o Federalist 51 – One of Madison’s “auxiliary precautions” against the
possible dominance of one branch over another
o Federalist 78 – Hamilton argued “independent judges” would be “an
essential safeguard against the effects of occasional ill humors in society”
Cemented in Marbury v. Madison (1803)
FEDERALISM
Federalism
• The idea that the powers given to the government are divided among the central
(national) government and the member/regional (state) governments
• Established by the Tenth Amendment to the US Constitution
Discusses powers DENIED to the national government and powers RESERVED to
the states.
There are powers DENIED to the states
• Establishes three types of powers
Expressed, Implied, Inherent
• Establishes two areas in a division of powers
Exclusive – powers given ONLY to the national or state government
Concurrent – powers given to BOTH the national and state government
• US Constitution still acts as supreme law of the land
No law AT ANY LEVEL can go against the Constitution
 McCulloch v. Maryland (1819)
Supreme Court acts as arbiter in these cases