Principles of the Constitution
- 1. 1 7 8 9 – P R E S E N T PRINCIPLES OF THE CONSTITUTION
- 2. A SET OF GUIDING PRINCIPLES • At the time of its adoption the Constitution was unique and though it has been imitated in form, it has never been imitated in spirit or in operation. • It possessed certain salient principles: • Popular Sovereignty • Separation of Powers • Checks and Balances • Federalism • Enumerated Powers • “Living” document • Each and every one of these principles was known at least in theory, if not in practice.
- 3. WHAT IS POPULAR SOVEREIGNTY? T HE ULT IMATE SOURCE OF POWER IN A NATION IS HELD BY T HE PEOPLE.
- 4. POPULAR SOVEREIGNTY • The Constitution’s Preamble begins with “We the People…” • This statement signifies the coming together of people, not States, for the purpose of creating a new government. • No law can be passed without the approval of the “People’s house.” • The House of Representatives is comprised of members apportioned by population and subject to re-election every 2 years. • All revenue measures must originate in the House, an explicit assertion of “no taxation without representation.”
- 5. WHAT IS SEPARATION OF POWERS? EACH BRANCH OF GOVERNMENT ENJOYS SEPARATE AND INDEPENDENT POWERS AND AREAS OF RESPONSIBILITY.
- 6. SEPARATION OF POWERS • “When legislative, executive, and judicial powers are exercised by different institutions, power cannot be easily abused” – Baron de Montesquieu • The Constitution assigned specific responsibilities and powers to each branch of the government by giving: • legislative power to Congress • executive power to the president • judicial power to the Supreme Court
- 7. WHAT IS CHECKS AND BALANCES? A S Y S T E M O F L I M I T S T H A T G I V E S E A C H B R A N C H O F G O V E R N M E N T T H E L I M I T E D R I G H T T O C H A N G E O R C A N C E L T H E A C T S O F T H E O T H E R B R A N C H E S .
- 8. CHECKS AND BALANCES • The Constitution requires the branches of government to work together to formulate policy. • This system of “separate institutions sharing power” helps to ensure that no one interest or faction can easily dominate the government. • Examples: • The exercise of presidential vetoes • Senate advice and consent • Judicial interpretations
- 10. WHAT IS FEDERALISM? A S Y S T E M O F G O V E R N M E N T I N W H I C H P O W E R I S D I V I D E D B E T W E E N A C E N T R A L G O V E R N M E N T A N D C O N S T I T U E N T P O L I T I C A L S U B U N I T S .
- 11. FEDERALISM • To ensure that all power was not entrusted into a centralized government, which would reduce the States to mere geographic subdivisions, the delegates divided the powers between two levels. • Two levels of government: • State governments – local concerns • Federal government – national concerns
- 13. WHAT ARE ENUMERATED POWERS? POWERS T HAT ARE EXPLICIT LY GRANTED BY T HE CONSTITUTION.
- 14. ENUMERATED POWERS • The Constitution spells out the powers of the new federal government in detail and the government’s authority does not extend beyond those powers. • James Madison argued that by rejecting a government of unlimited, unrestricted power then individual rights, including those unalienable rights, would be protected from the irresponsible exercise of power.
- 15. “LIVING” DOCUMENT • The delegates believed that the Constitution should have some measure of flexibility to meet the changing demands placed over time. • Unlike the Articles of Confederation, the Constitution would go into effect when it had been ratified by nine of the thirteen States. • Furthermore, once ratified, it could be amended by a two-thirds vote of each house of Congress.
- 16. INTERPRETATION WHAT DO YOU SEE?
- 17. CONSTITUTIONAL INTERPRETATION • Most of the Constitution’s provisions were left vague so that each American generation had some ability to interpret them. • How much discretion is justified in interpreting the Constitution? • Do you interpret the Constitution in a loose manner? • Do you interpret the Constitution in a strict manner?
- 18. LOOSE/STRICT • The Constitution is read as broad and open-ended; adaptable to changing times and conditions. • Chief Justice Marshall gave the federal government considerable implied (not specifically stated) powers to regulate the economy. • McCulloch v. Maryland gave Congress the power to create a national bank. • Marshall stated that the bank was “necessary and proper” to help regulate commerce and raise armies. • The Constitution is read as narrow, fixed and specific. • The Constitution is only to be changed by the formal amendment process and not by congressional action or judicial ruling. • Jefferson and Madison argued that Congress only has powers explicitly stated in the Constitution.