Chapter 3, Section 4 (89-93) Principles Underlying the Constitution
Main Idea The Constitution sets forth the basic principles of government.
Major Principles of Gov. (89-90) Article IV guarantees “a Republican form of Government.” 1. Framers meant a representative democracy 2. Democracy where the people express their will through elected representatives.
B. Our framers embraced 5 principles that would be foundation on which our government is built: 1. Popular Sovereignty 2. Rule of Law 3. Separation of Powers 4. Checks and Balances 5. Federalism
I. Popular Sovereignty- A. Sovereignty means “right to rule”. Popular means “population/people” B. “from consent of the governed” “We the People” ***We have the right to vote for those people! (age 18)***
II. Rule of law (87) A. The framers believed the government should be strong but not too strong. B. The Constitution sets limits by stating what the government may and may not do. C. Rule of Law- law applies to all, even those who govern!!!
III. Separation of Powers (88) (Idea came from Baron de Montesquieu) A. Splitting the authority into three branches with different functions. ***legislative, executive, and judicial branches.*** B. To keep any one person or group from becoming TOO powerful. We have 3 branches for a reason.
IV. Checks and Balances (88) A. Keeps any one branch from becoming TOO powerful. Each branch can check or limit one another. Ex: President can veto laws, Congress can block Presidential appointments, and Supreme Court can overturn laws! (Chart in text on page 88)
V. Federalism (89-90) A. Federalism- power is shared by the national government and the states. B. Each level has independent authority over people at the same time. ***Americans must obey the laws of both.***
Constitution divides powers into 3 types (Chart page 89) B. Expressed Powers- Powers the constitution specifically grants to the national government. C. Reserved Powers- Powers reserved for the states. D. Concurrent Powers- Powers that both national & state have.
E. When national and state laws conflict: Constitution is the FINAL AUTHORITY! (Supremacy Clause) ***Neither national nor state laws can conflict with it.***
F. The Constitution is both durable and adaptable. ***It provides the sufficient power to keep order, protect, and defend, yet sets limits to its power.*** It is the Supreme law of the land!
Mini Quiz!!! Tom Petty- Free Fallin’ 1. The Founding Fathers established how many main principles to our government? 2. The law applies to everyone, even the President. What is that called? 3. Powers shared by national and state government? 4. Powers given to the state? 5. Powers specifically given to the national government and listed in the Constitution? 6. What are Checks & Balances?