Judicial review is the idea that the Supreme Court, and other courts, have the power to evaluate and rule on the constitutionality of laws or act of government. This means that the Supreme Court can declare an act or law to be unconstitutional. In Federalist 78 Hamilton defends the court as the rightful arbiter of whether a law is constitutional. He argues that allocating that right to the courts increases the power of checks and balances within the three branches of government. Without judicial review, the courts would not have a check against Congress and the Executive Branch.

In Article II the Constitution grants the Executive Branch power over the armed services, to grant pardons, make treaties ( with the approval of Congress), nominate Supreme Court Justices and other government officials, and the responsiblity for the execution of the laws passed by Congress. There was intense debate over how strong the new head of state should be. Eventually the framers were able to create a balance of power in which the President and Executive Branch are able to act within the checks and balances of the other branches. Under a monarch there would be no congressional veto override, nor would there be judicial review. Some of the powers of the President are similar to those of a despot or monarch, head of the military is a prime example. However, the framers created a system in which those powers are constrained by the other branches. Congress must declare war and provide funding for it.

**Constitutionalism** is an important doctrine that defines the power of the government to be determined by the law or constitution. Constitutionalism can be used as a synonym for a limited government. The idea of constitutionalism originates from John Locke and the founding fathers, who believe the government should be limited in its power by following a legally binding constitution. Therefore, the government’s authority is set by the constitution.

**Limited government** is a government whose power is limited by, for example, the constitution or the law. The government is obliged to follow the set rules and principles that also provide it with authority but at the same time set its limits. The constitution has the same idea behind it. It is made to restrict the government that obliges to the constitution.

The **limited government provides citizens with liberty, rights**, and responsibilities. It assures freedom and rights because it can never cross certain limits yet enforces the law to protect the citizens and protect the citizens from the government itself. This comes with a price that citizens have to oblige the law and carry out their duty for the government to function properly.

Rule of law asserts the supremacy of the law over the actions of any government body or official. The government is not free from following the law simply due to their power or status. The protection of indivudal rights is dependent on the rule of law. It doesn’t matter if the 4th amendment protects against unlawful search and seizure if the government official doesn’t believe they are constrained as such. As such, limited government is also dependent on upholding rule of law. Checks and balances will not function if one branch of government believes itself to be unconstrained by the Constitution.

The U.S Constitution limits the power of the national government by both expressly prohibiting certain actions and not mentioning others altogether. The national government is limited to those powers clearly allotted by the U.S Constitution. The Constitution also expressly denies certain powers to the states. However, some powers are given to both the national and state governments. This includes the power to levy taxes as well as set up a court system. Limited government is fundamental idea of the U.S system because it creates both a separation and balance of power which together protect individual liberty.

The division of power between the levels of government is both an importance feature of federalism and an integral influence on the lives of all Americans. The federal government’s enumerated powers include regulating interstate commerce, maintenance of the armed forces, creation of international treaties, and coining money. State and local governments have the responsibility for public utilities, public schools, licensing requirements for various professions, and the creation of land use laws. The powers of the state and local governments tend to focus on the day to day matters of its citizens lives. The powers of the federal government often are on a larger scale, and especially focus on those times when the fifty states are acting as a united country instead of individual states. One example is the power to negotiate international treaties.

According to the Insurrection Act of 1807, the federal government has responsibilities to the state government, with the **president appointed** the **executive power to deploy troops within the federation**. If some of the following circumstances occur: put out civic disorders, insurrection, or uncontrolled rebellion that is not in line with the constitution. The **federal government** is also **responsible for assisting in natural disasters** that occur in states and areas affected by the disaster.

The national government holds these responsibilities because it is based on the state’s highest law; it is the most powerful government. This comes from the principle of maintaining peace and union, which implies **responsibility of assisting and supporting fellow states if necessary**.

Two paths toward amending the Constitution begin with a 2/3 vote in both the House and the Senate. After this step there are two possible paths for ratification. Either ¾ of State legislatures must ratify the amendment, or conventions may be called to ratify the amendment. These conventions are held in each state with delegates elected or selected within their state. It is interesting to note that while all of the 27 ratified amendments started with a ¾ vote in both chambers of Congress, only the 21st amendment was ratified by convention. The other 26 were all ratified by a ¾ vote of all state legislatures.
The third manner in which the Constitution can be amended begins with 2/3 of all state legislatures voting to request Congress to hold a convention. After the convention, it would again pass to the sate legislatures and require ¾ of them to approve the amendment.
The fourth manner also begins with state legislatures requesting a convention, but the ratification process would proceed with each state holding their own ratifying conventions like in the previous examples. It is important to note that neither the 3rd or 4th method for amending the Constitution have been used.
The amendment process was created to be so complicated for two reasons. The first is federalism. Any change to the governing documents of the United States Government has to involve both the state and national levels of government in deference to the balance of power sought by the framers. The second reason is to dissuade frivolous or rash changes. The compromises cemented in the U.S Constitution ensured its passage. The framers didn’t want anything changes to quickly which might upset the agreement.

To summarize:
Method 1: Amendment proposed by 2/3 of each chamber of Congress → ratified by ¾ of the state legislatures. ( Used 26 times)
Method 2: Amendment proposed by 2/3 of each chamber of Congress → ¾ of states required to ratify at state conventions ( Used once. 21st amendment)
Method 3: 2/3 of state legislatures call for Congress to convene a convention → ratified by ¾ of state legislatures
Method 4: 2/3 of state legislatures call for Congress to convene a convention → ¾ of states required to ratify at state conventions

The **14th Amendment** ratified on July 1868 **permitted citizenship** to everyone who was “born or naturalized in the United States”. This Amendment **referred to formerly enslaved people as well**, and it has ensured the laws equally protect the citizens.

It also stated that **states could not deny any individual his life, property, and freedom** without judicial judgment and enforcement of the law. This meant the formal end to slavery by the government guaranteeing their protection as citizens.

The **14th Amendment** was created to **restrict certain state powers among the citizens** and to **protect civil rights** further. See the steps for more explanation.

A **written constitution** is significant because it clearly states the power and principles of the government that the rulers and people then have to be bound to. It ensures the system is not based on unjust policies or laws.

Another important thing a written constitution provides is that the governing ones who make decisions on behalf of the public have to represent the general opinion rightfully. The good part for the people is that the ways power are set out, so those ruling can be held accountable if they do not obey the written rules. Furthermore, the Supreme Court, the highest ruling court of the nation, always aims to determine whether matters are under the constitution.

The **written constitution provides a country with security, balance, and order.** It would be hard, if not impossible, to run an orderly government without the written constitution. Take the bill of rights as an example, which holds ten amendments that guarantee civic rights and liberties to all individuals. So everyone is protected under the law and guaranteed certain rights. The government backs up the people by enforces these principles.

There is no defined list of American principles and beliefs. However, most would include popular sovereignty, limited government, separation of powers, individual rights, civic duty, and patriotism. The limitations placed on the federal government by the U.S Constitution represent a key part of the American national identity. The idea that individual rights are held with the utmost importance. The fact that the President’s power is checked by Congress instead of wielding absolute power like a monarch. The Constitution details powers for both the state and the federal governments. The state’s role as a single unit within a greater whole leads to an additional state identity held by most Americans. So one might say they are both a New Yorker and an American. Just like the Constitution spreads power over levels of government, so does the identity of Americans.

The Northwest Ordinance of 1787 outlined and codified the process of admitting new states to the union. The Northwest Ordinance was designed to bring territories into full statehood. Once admitted, these new states were equal to existing states. Tensions arose through this process for many reasons, but slavery created the largest division. When Missouri requested statehood, it threatened the balance of slave and free states in the Union. Maine was added as a free state in order to secure balance. Congress additionally created a boundary line between free and slave states in an attempt to stave off future conflict. The Missouri Compromise represents a key tension present in the early years of the United States.

The **framers created a national judiciary**. One of the main reasons was that the laws could be enforced and interpreted on a federal or, we can say, a national level. In that way, the existing disputes between the states were over, and a more perfect union and better relations between the states were born.

The cases that regarded foreign countries could be resolved straightforwardly with the national judiciary.

Outside of the national judiciary being an agent of solving disputes between the states and further unify the states. It was created to be able to **check on the power of legislation and the executive branch** as well.

The founding fathers chose a system of federalism as both a compromise and a safeguard against tyranny. The Anti-federalists were deeply suspicious of a strong national government and sought to increase the power of the states in comparison. A federal system of government is one in which power is split between the state and national governments. A unitary system of government is one in which all power resides in the central government. The founders feared returning to a monarchy, and a unitary model would be too close to this method of governance. However, the central government had been too weak to effectively govern under the Articles of Confederation. The founders sought to find a balance between the two. A central government strong enough to govern, but not strong enough to tip into tyranny.

The **system of checks and balances** is crucial in maintaining order in the federal system by ensuring that the powers of the three branches are balanced and adequately utilized. Each of the branches has certain powers over the other ones with which it checks on them.

Some **examples of checks and balances** are:

Congress creates the laws, but the president (executive branch) can veto them.

Congress makes the laws, but the judicial branch can abolish them if they are not under the Constitution.

The legislative branch can impeach the president, remove him from office, control the president’s budget, and disapprove his nominees.

The judicial branch can declare enforcement of the law by the executive unconstitutional.

The judicial branch interprets if the laws and matters are under the Constitution, but the president nominates the justices who create evaluations.

The **judicial branch** is tasked with the interpretation of the federal laws, how the laws should be applied. It resolves issues surrounding the federal laws, primarily by determining whether the matter is per Constitution.

The **Constitution** is above all the matter. It is the backbone of the government. The **Supreme Court is the highest-ranking** and the most powerful court in the U.S. The Supreme Court consists of nine judges, referred to as justices, nominated by the president, and confirmed by Congress (the Senate). Justices hear the cases that made their way through the courts. To conclude, the Supreme Court is the highest judicial function of States, that as a **primary goal, decides whether matters are under the Constitution**.

**Inferior courts** are the courts below the highest one. That means that all of the courts under the Supreme Court are inferior to the highest one, the Supreme Court.

There are federal and state courts. The Constitution makes the highest federal court the Supreme Court. There are other inferior courts in the **federal court system**, for example, trial and intermediate-level appellate courts. Then there are federal district courts that are located in every state; at least one is.

**State courts** are organized just like federal courts. Every state has the highest court. Then there are intermediate appellate and state trial-level courts. The names of the courts might differ in different states.

There are advantages and disadvantages to a federal system of government. One advantage is that the United States encompasses both a large geographical area and a diverse population of people. The needs of the population in a big northern city will not necessarily be the same as those in a small rural midwestern town. Federalism creates a system of government in which the state and local governments can more readily and easily fulfill the needs of their local population. However, the federal government creates a central authority for issues that affect all Americans. Control and regulation of pollution is a good example of the benefits of a national government. Air pollution created in one state will not simply stay within that state’s borders. For that reason, a national government is necessary for the regulation of pollution and the environment. The division of power between the state and national governments allows each level to handle the issues to which they are best suited. Obviously, conflicts between the state and federal government do arise. In the 1950’s and 1960’s states resisted the integration of schools and the national government used federal forces to ensure the states’ compliance.

The Bill of Rights
1st Amendment: Freedom of the press, freedom of assembly, freedom of religion, right to redress of grievances
2nd Amendment: The right to bear arms
3rd Amendment: Protection from the forced quartering of soldiers in your home
4th Amendment: Right of protection from unreasonable search and seizure
5th Amendment: Protection from prosecution without indictment from a grand jury, Protection from being tried for the same crime twice (double jeopardy), protection from forced self-incrimination, Right to due process, and the eminent domain protection.
6th Amendment : Right to a speedy and public trial, trial by an impartial jury in the state and district where the crime occurred, right to be informed of the charges against you, right to know the witnesses testifying against you, right to witnesses in one own’s defense, and right to an attorney.
7th Amendment: Right to a trial by jury in civil cases
8th Amendment: Right to protection against cruel and unusual punishments, and protection from excessive bail or fines.
9th Amendment: The list of rights enumerated in the Constitution should not be taken to mean that people do not retain other rights.
10th Amendment: Powers not delegated to National Government nor prohibited to the states, are reserved for the states.
The 5th Amendment offers the following five protections; protection from prosecution without indictment from a grand jury, Protection from being tried for the same crime twice (double jeopardy), protection from forced self-incrimination, Right to due process, and the eminent domain protection. These rights protect citizens from government abuses of power in a few ways. The 5th Amendment limits the ability of the government to simply seize land it wishes to utilize without due compensation. The 5th Amendment also limits the government’s ability to keep prosecuting an individual for the same crime until they get the verdict they desire. The 5th Amendment also protects an individual from being brought to trial without an indictment.