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POPULAR SOVEREIGNTY

Popular Sovereignty• The idea that governmental power resides in the governed.• The PEOPLE are sovereign• The giving/receiving of power is a two step process

The national government DRAWS its power from the people of the United States

The people of the United States GIVE their power through the Constitution

• Two places in US documents this is shown:Declaration of IndependenceUnited States Constitution

LIMITED GOVERNMENT

Limited Government• The principle holds NO GOVERNMENT IS ALL POWERFUL• A government can only do those things the people have given them the

power to do• Flip side of popular sovereignty

The people are the source of the government power, and the government only has the authority the people have given it.

• To put this another way – THE GOVERNMENT MUST OBEY THE LAW• Other names for this concept

CONSTITUTIONALISM – government is conducted by constitutional principles and rules

RULE OF LAW – government and its subjects are always subject to the law – NEVER above the law

• Think of many of the amendments and how they are written… “Congress shall make no law…”

SEPARATION OF POWERS

Separation of Powers• The powers of the government are vested in three distinct, separate

branchesThis is set out in the constitutionFirst lines of Articles I, II, III

• Remember back to our discussion of types of governmentPresidential v. Parliamentary governmento Presidential – separate brancheso Parliamentary – all branches are gathered in a single agency

• Each branch is elected or appointed separately• Each branch has separate, distinct powers and duties

Legislative – law makingExecutive – law executing/enforcementJudicial – law interpretation/application

CHECKS AND BALANCES

Checks and Balances• Even though the branches of the government act on their own, they

are subject to “checks” or “balances” (restraints) from the other two branches

• The idea allows each branch to ensure neither of the other branches assumes/uses/takes/moves too much power on their own

• Examples:Legislative Branch – Can refuse to approve funds requested by

the President/creates lower courts and Senate can approve or reject judicial appointments

Judicial Branch – Judges can declare executive or legislative acts unconstitutional, plus are appointed for life

Executive Branch – President appoints Supreme Court justices, President can veto Congressional legislation

JUDICIAL REVIEW

Judicial Review• The power of the court system to interpret the US Constitution

They determines whether or not the actions of the government are following the Constitution

This idea is also called “CONSTITUTIONALITY”• The idea of judicial review is not there in explicit words, but it is

common sense and expected to be usedArgued for in “FEDERALIST PAPERS”o Federalist 51 – One of Madison’s “auxiliary precautions”

against the possible dominance of one branch over anothero Federalist 78 – Hamilton argued “independent judges” would

be “an essential safeguard against the effects of occasional ill humors in society”

Cemented in Marbury v. Madison (1803)

FEDERALISM

Federalism• The idea that the powers given to the government are divided among the central

(national) government and the member/regional (state) governments• Established by the Tenth Amendment to the US Constitution

Discusses powers DENIED to the national government and powers RESERVED to the states.

There are powers DENIED to the states• Establishes three types of powers

Expressed, Implied, Inherent• Establishes two areas in a division of powers

Exclusive – powers given ONLY to the national or state governmentConcurrent – powers given to BOTH the national and state government

• US Constitution still acts as supreme law of the landNo law AT ANY LEVEL can go against the Constitution

McCulloch v. Maryland (1819)Supreme Court acts as arbiter in these cases