Core Principles and Structure of the U.S. Constitution

The 5 Basic Principles of the Constitution

• Federalism: The central government shares sovereign powers with state governments.
• Limited Government: The government may only exercise powers granted by the people through a developed system of laws.
• Popular Sovereignty: The people form the government and determine the powers it may exercise.
• Separation of Powers: Government authority is divided among the legislative, executive, and judicial branches.
• Checks and Balances: Each branch is granted the authority to check the actions of the others.

Social Contract Philosophy

Early Americans voluntarily agreed to relinquish certain freedoms to obtain the benefits of an orderly government.

Types of Democracy

• Direct: Decisions are made directly by the people without elected representatives.
• Indirect: People elect representatives to make decisions on their behalf.

The Articles of Confederation

The Articles established a weak national government consisting of a one-house legislature. Congress held the power to declare war, sign treaties, settle disputes between states, and borrow or print money.

The Great Compromise

• Proposed a bicameral legislature.
• Resolved conflicts between the Virginia and New Jersey plans.

The 3/5 Compromise

Enslaved individuals were counted as three-fifths of a person for the purpose of representation in the House of Representatives.

The 4 Powers Under the Constitution

1. Expressed/Enumerated: Powers written specifically in the Constitution.
2. Implied: Powers necessary to carry out enumerated powers (e.g., establishing a bank to collect taxes).
3. Concurrent: Powers shared between federal and state governments (e.g., taxation).
4. Reserved: Powers held by the states, as defined by the 10th Amendment.

The 3 Types of Clauses

1. Elastic (Necessary and Proper): Allows Congress to pass laws necessary to execute its duties.
2. Supremacy: Establishes that federal law is supreme over state law.
3. Commerce: Regulates interstate commerce and transactions across state lines.

The Amendment Process

1. Proposal: Initiated by Congress with a 2/3 vote in both houses.
2. Ratification: Requires approval by 3/4 of the states.

Unitary, Federal, and Confederation Systems

• Unitary: The central government holds primary power.
• Federal: Power is divided between state and federal governments.
• Confederation: The states hold the primary power (e.g., Switzerland).

Fiscal Federalism

The practice of transferring tax revenue collected by one level of government to another.

Dual vs. Cooperative Federalism

• Dual Federalism (Layer Cake): Federal and state governments maintain distinct, sovereign powers.
• Cooperative Federalism (Marble Cake): Federal, state, and local governments collaborate to solve problems.

Types of Grants

• Categorical Grants: Funds provided for specific, designated purposes.
• Block Grants: Funds provided to states with greater discretion on how to spend them.