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.

  • The National Government is a government of delegated powers. That is, it has only those powers granted to it in the Constitution.
  • 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

  • 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 trade and business within the State
Regulate interstate and foreign trade / Borrow Money / Establish public schools
Raise and maintain armed forces / Establish courts / Pass license requirements for professionals
Declare war / Define crimes and set punishments / Regulate alcoholic beverages
Govern US territories and admit new states / Claim private property for public use / Conduct elections
Conduct foreign relations / 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 / The New Jersey Plan
Three Branches / Three Branches
Bicameral legislature (two houses) / Unicameral legislature (one house)
Representation based on population / 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.