Preamble:
- Establishes the goals of the government:
- "We the People…"
- Objectives include:
- to form a more perfect union
- establish justice
- ensure domestic tranquility
- provide for the common defense
- promote the general welfare
- secure the blessings of liberty
Popular Sovereignty:
- Definition: The principle that the authority of the government is created and sustained by the consent of its people.
- This principle is viewed as the source of all political power.
- Example: Citizens vote for their representatives.
Limited Government:
- Definition: The idea that government is not all-powerful and may only perform actions that the people have specifically granted it the authority to do.
- The Constitution details both powers granted and powers denied to government.
Constitutionalism:
- Definition: The principle that government must be conducted in accordance with constitutional principles; in essence, the rule of law.
II. Distribution of Power
Separation of Powers:
- Definition: The division of the national government's powers into three distinct and independent branches as outlined in Articles I, II, and III.
- Branches of Government:
- Legislative Branch (Congress):
- Primary function: Makes the laws.
- Executive Branch (President):
- Primary function: Enforces and administers the laws.
- Judicial Branch (Supreme Court):
- Primary function: Interprets the laws.
Checks and Balances:
- Definition: A system where each branch of government possesses powers that can constrain the actions of the other two branches.
- Examples:
- Executive check on Legislative: The President has the power to veto laws passed by Congress.
- Legislative check on Executive:
- Congress has the authority to impeach the President.
- The Senate must approve treaties and major appointments made by the President.
- Judicial check on Legislative/Executive: The Supreme Court can declare laws or acts unconstitutional (known as Judicial Review).
Federalism:
- Definition: The division of power between the national (federal) government and state governments.
- Types of Powers:
- Delegated (or Expressed) Powers:
- Given specifically to the national government (e.g., coining money).
- Reserved Powers:
- Powers that are held only by the states (e.g., establishing schools).
- Concurrent Powers:
- Powers that are shared by both federal and state governments (e.g., the power to tax).
III. Flexibility and Change
Judicial Review:
- Definition: The power of the Supreme Court to determine the constitutionality of actions performed by the executive and legislative branches.
- Key Case: Established by the Supreme Court case Marbury v. Madison (1803).
- Importance: A major component of the system of checks and balances.
Formal Amendment Process (Article V):
- Purpose: Allows for formal changes to the Constitution, which requires extraordinary majorities.
- Process:
- Proposal: Can occur in one of two ways:
- A two-thirds vote in both houses of Congress, or
- Two-thirds of state legislatures requesting a national convention.
- Ratification: Requires approval from three-fourths of state legislatures or three-fourths of state conventions.
Informal Amendment (Constitutional Change):
- Definition: Changes to the meaning or application of the Constitution that occur without formal amendment.
- Examples of Informal Changes:
- Legislation: Congress may pass new laws that interpret constitutional provisions.
- Executive action: The President may issue executive orders that change the application of laws.
- Supreme Court Decisions: Judicial interpretation can modify the understanding of constitutional principles.
Rule of Law:
- Definition: The principle that all persons, including government officials, are subject to and accountable under the law.
- Importance: Emphasizes that no one is above the law, ensuring accountability and fairness in governance.