ch3sec1

The ConstitutionCh. 3, Section 1

Six Main Principles

Popular Sovereignty

Rule by the people

Consent of the governed

Citizens (aka “the governed”) must give their consent, or “OK”, for the government to function

Federalism

Power divided between state and national governments

Why federal and not unitary?

Articles of Confederation had failed so no one wanted the states to have all the power

BUT people we’re still scared to give all the power to the national government

National government acts for country as a whole

State governments control more local issues

Separation of Powers

3 branches (legislative, executive, judicial)

Each branch has its own responsibilities

Keeps any one branch from gaining too much power

Checks and Balances

Each branch has some control over the other

President can check Congress by vetoing the laws it passes

Congress can check the president by overriding that veto (2/3 of each house has to agree)

Courts can check Congress by ruling their laws as unconstitutional

President can check courts by appointing judges, but the senate must approve

Judicial Review

Ability of courts to declare laws unconstitutional

Supreme court has final say

Constitution does not directly give the courts this power, but it does say “judicial power shall extend to all cases arising under the Constitution”

Marbury vs. Madison- court case giving federal courts the power to rule on the actions of the government

Limited Government

Constitution lists the powers the government has and the powers it does not have

First 10 amendments (bill of rights) are examples of these limits

Protects the country from the abuse of power