I. The Constitution is the supreme law of the land (Supremacy Clause)
II. It begins with the Preamble (introduction
that states goals of the document)
A. Goals...
1. form a more perfect union
2. establish justice
3. ensure domestic tranquility
4. provide for common defense
5. promote general welfare
6. secure blessings of liberty for ourselves and our posterity
III. Principles
A. popular sovereignty: the
power of government comes from the people
B. republican form of government
(representative democracy)
C. separation of powers and
checks & balances
D. limited government: there
are limits on the power of government
1.
the Constitution says what the govt. can/cannot do (as does the Bill of
Rights)
E. federalism: power is shared
between different levels of govt (federal, state, local)
1.
delegated powers: those directly given to national govt in Constitution
(declare war, coin $)
2.
reserved powers: those not mention in Constitution are set aside for the
states (marriage laws,
driving requirements, divorce laws)
3.
concurrent powers: powers shared by national and state govts. (taxation)
4.
implied powers: not directly mentioned in the Constitution, but assumed
by Congress through the
Necessary & Proper Clause (Elastic Clause)
a. it states that -- Congress shall make any law necessary and proper for
carrying out its duties
1. example: Constitution gives Congress the power to maintain the armed
forces. Congress uses the
Elastic Clause to justify creating military academies to train officers.
Congress also requires 18 year
old males to register for a possible draft. These powers are not
mentioned in the Constitution, by
Congress does them in order to carry out its other duties
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