Yere, Jumelle Kane S.

(20-00312)

3rd Year BS Criminology

Answer the following:

1. What are the basic Principles of Constitutional Interpretation?

 The basic Principles of Constitutional Interpretation are Popular

Sovereignty, Limited Government, Separation of Power, Check and
Balances, Federalism, Republicanism, and Individual Rights.
 Popular Sovereignty, This principle, known as popular sovereignty
states that the people have the right to alter or abolish their government.
 Limited Government, In a limited government, the government has only
the powers that the Constitution gives it. Just as important, everyone
from you to the President must obey the law.
 Separation of Powers, To further limit government power the provided
for separation of powers. The Constitution divides the government into
three branches legislative, executive, and judicial branches.
 Checks and Balance, A system of checks and balances safeguards
against abuse of power. Each branch of government has the power to
check, or limit, the actions of the other two.
 Federalism, The Constitution also establishes the principle of federalism,
or division of power between the federal government and the states,
federal government are the power to coin money, declare war, and
regulate trade between the states.
 Republicanism, The Constitution provides for a republican form of
government. Instead of taking part directly in government, citizens elect
representatives to carry out their will.
 Individual Rights, The Constitution protects individual rights, which
are basic freedoms the government agrees to protect.

2. Identify the Parts of a Constitution and explain.

The Constitution itself is divided into three major parts, the Preamble,
seven articles, and amendments. The Preamble, or introduction introduces
the main purpose of the U.S. Constitution, and why it was needed. The
Preamble is an explanation why the Constitution was written, and the major
goals it hopes to accomplish. The single most important part of the Preamble
is the first three words, “We the people…” which point out where our
government receives its authority from, the people that are governed. The
U.S. Constitution was created by the people of one nation, not a monarchy
led by a distant tyrannical king.

The remainder of the Constitution consisted of seven Articles and the

Amendments. The seven Articles outline the three branches of government,
and specific powers and responsibilities of the government. Each Article
contains different Sections and Clauses that help organize the document.
The Amendments are additions and changes that have been made to the
Constitution since its ratification.

3. Decipher the Self Executing Provisions vs Non-Self Executing

Provisions of the Constitution.

 A provision which lays down a general principle, such as those found

in Art. II of the 1987 Constitution, is usually not self-executing. But a
provision which is complete in itself and becomes operative without the
aid of supplementary or enabling legislation, or that which supplies
sufficient rule by means of which the right it grants may be enjoyed or
protected, is self-executing.
 Thus, a constitutional provision is self-executing if the nature and
extent of the right conferred and the liability imposed are fixed by the
constitution itself, so that they can be determined by an examination
and construction of its terms, and there is no language indicating that
the subject is referred to the legislature for action.

Reference:
The Goals and Principles of the Constitution
 https://www.iowacityschools.org/cms/lib/IA01903939/Centricity/Dom
ain/1192/Goals%20and%20Principles%20Chapter%202017-18.pdf
Lesson 4: The Preamble, Articles, and Amendments
 https://sites.google.com/a/massac.org/usconstitution/the-parts-of-the-
constitution
Concept Of Self-Executing Provisions
 https://www.projectjurisprudence.com/2018/07/concept-of-self-
executing-provisions-
constitutionallaw.html#:~:text=II%20of%20the%201987%20Constitution
,protected%2C%20is%20self%2Dexecuting.