5- BASIC PRINCIPALS OF THE U.S. CONSTITUTION

• The U.S. Constitution outlines the rules and procedures for governing the United States.

Enlightenment Influence

• The concept of the sovereignty of the people is derived from Enlightenment social contract philosophers.
• Sovereignty comes from the consent of the governed, meaning citizens give the government its power to rule.
• Enlightenment philosophers influenced the limitations on government power, such as checks and balances and the three branches of government, inspired by John Locke and Baron de Montesquieu.

Democracy

• Democracy is a government for the people, by the people, requiring citizen participation.
• Citizens elect congressional representatives through elections.
• A free and open election process is the most essential feature of a democratic government.

Republican Government

• A republican government is where representatives are elected by the people.

Division of Power

• The framers of the Constitution incorporated federalism, checks and balances, and separation of powers to prevent a government with unlimited power.

Federalism

• Federalism divides powers between the national and state governments.
• It establishes limits on government powers, ensuring neither state nor federal government becomes too powerful.

Reserved Powers

• Reserved powers are granted exclusively to the state government by the Constitution, for example, public education.

Delegated Powers

• Delegated powers are granted exclusively to the federal government by the Constitution.
• Examples include the power to declare war, coin money, and control interstate commerce.

Concurrent Powers

• Concurrent powers are shared by both the federal and state governments, for example, the power to tax.

Flexibility of the Constitution

• Amendments, the Elastic Clause, the Necessary and Proper Clause, the unwritten constitution, and judicial review allow the Constitution to adapt to the needs of a changing society.

The Elastic Clause

• The Elastic Clause grants Congress the power to create laws not explicitly stated in the Constitution.
• Also known as the Necessary and Proper Clause, it allows Congress to exercise implied powers to carry out enumerated powers.
• The clause's controversial nature stems from the ambiguity of the extent of power it grants to Congress.
• It has been used primarily to broaden the power of Congress, allowing it to pass more laws.
• Examples of laws enacted using the Elastic Clause include the Pure Food and Drug Act (1906), Social Security Act (1935), the Louisiana Purchase, the creation of the Federal Communications Commission (FCC), and the creation of the Federal Reserve.

The Unwritten Constitution

• The unwritten Constitution consists of customs, values, and traditions that serve as fundamental laws without being written in a single document.
• It evolves with new laws and guidelines added over time.
• It encompasses practices of the U.S. government based on custom and tradition, but not written in the Constitution.
• Examples include the creation of the presidential cabinet, political parties, the committee system in Congress, judicial review, and lobbying.
• Limiting the president’s time in office to two terms was initially established under the unwritten constitution and later included in the written constitution.

Judicial Review

• Judicial review allows the Supreme Court to review the executive, legislative, or administrative actions.
• The court can invalidate laws, acts, or governmental actions deemed unconstitutional if they violate Americans' civil liberties.