Principles of the Constitution and Federalism

Popular Sovereignty

All political power resides in the people

Limited Government

The government is not all-powerful may do only those things that the people have given it the power to do.

Constitutionalism

The government must obey the law

Rule of law

The government and its officials are never above the law

Separation of Powers

The Constitution of the US distributes powers of the National Government between Congress (legislative branch), the President (executive branch), and the courts (the judicial branch)

Legislative Branch

Makes the laws; Congress

Executive Branch

Enforces the laws; the President

Judicial Branch

Interprets the laws; the federal court system

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Examples of checks & balances

1) Legislature drafts bills - Executive can veto - judicial can decide if law is constitutional 2) Executive appoint Supreme Court judges and legislature needs to approve 3) If executive branch vetoes - legislature can override 2/3

Judicial Review

Allows the court to determine the constitutionality of laws

Marbury vs. Madison

Established that the courts have the power of judicial review

Federalism

The division of power among a central government and several regional governments (the 50 states!)

Strengths of Federalism

Allows local action in areas of local concern and national action in areas of broader concern. Citizen participation at every level

Delegated powers

Powers specifically given to the federal government by the US Constitution

Expressed powers

Powers directly stated in the Constitution as given to the federal government

Implied Powers

Powers not specifically mentioned in the Constitution but still given to the federal government

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Inherent powers

Powers that belong to the national government of a state within the world.. These are considered necessary for the government to function effectively

Powers denied to the federal government

Prohibit freedoms in Bill of Rights, create public schools, enact marriage or divorce, use its power to destroy the states

Reserved powers

Powers given to the state government alone

10th amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Powers denied to the states

States cannot make treaties, coin money, deny due process of law, tax the federal government, etc.

Exclusive powers

Those powers that can be exercised by the National Government alone

Concurrent powers

Powers held jointly by the national and state governments.

Supremacy clause

Constitution is the supreme law of the land

Privileges and Immunities clause

Prevents a state from treating citizens of other states in a discriminatory manner.

Interstate Compact Clause

States are not allowed to make treaties with foreign nations but are allowed to enter into agreements amongst themselves

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Article 1

Creates the Legislative Branch

Article 2

Creates the Executive Branch

Article 3

Creates the Judicial Branch