Constitutionalism

Concern with protecting liberty by limiting what govt/ can do

  1. Grants of power

    • granting what power a certain aspect of govt. has

    • spells out what govt. can do and only that (limiting congress)

  2. Denial of power

    • spells out what govt. can NOT do

    • i.e. post facto laws, criminalize giving drug to kids → people who did it before the law is passed cannot be criminalized

  3. Separation of power

    • fragmenting power

      Separation of Power

  4. Judicial review

    • power of courts to declare the actions of other branches unconstitutional

    • exceeded authority → can review states too

  5. Bill of Rights

    • first 10 amendments of the constitution

    • i.e. 1st freedom of religion, 8th freedom from cruel and unusual punishment, etc.

  6. Elections

    • people are sovereign, they can chose who will lead

  7. Federalism

    • govt. of enumerated powers