Principles Underlying the Constitution There are five (5) fundamental principles or themes throughout the Constitution created in 1787.
Those Foundation Principles Popular Sovereignty Rule of Law Separation of Powers Checks and Balances Federalism
Articles IV (4) Constitution requires only that the states have a “Republican form of Government” Today: any representative government headed by an elected president or similar Past: any representative democracy where the people are the ultimate authority
Popular Sovereignty Power of government lies with the people through voting Declaration of Independence: says Consent of the governed Constitution says “we the people” Election of government officials by the people: 15, 19, 23 and 26 amendment grants power to vote
Rule of Law Government needs to be strong but not too strong as to take rights away from the people Power is limited by the constitution Powers granted to government article 1 section 8 1-17 Limited powers to government article 1 section 9 Bill of rights: limits power Law applies to everyone: nobody is above the law
Limited Government British ideal established by documents like: Magna Carta and English Bill of Rights Government can do only what the people allow it to do by law How can you stop the government from doing what you don’t want it to do? Health Care: how did the people stop this movement?
Separation of Powers Ideal created by Enlightenment Philosopher: Montesquieu Protect against abuse of power by any branch by dividing power between the 3 branches of government and giving each a specific power Legislative branch: law making Executive branch: enforcing law Judicial branch: interpreting the law
Checks & Balances In order to prevent anyone branch from becoming too powerful the framers created a way for each branch to check the other branches power Chart page 88 _____________ impeaches the President _____________ vetoes legislation created by Congress _____________ appoints the Judges & federal Justices at the federal level _____________ declares acts/laws unconstitutional
The Principle of Federalism Limits our government by dividing the power between the state and federal (national) government It grants each level specific powers (chart page 89) Expressed/enumerated: federal/national powers (war) Reserved: states powers (schools) Concurrent: both state and national have the power (taxes) But the federal government is supreme because of supremacy clause found in the constitution in Article 6 “supreme law of the land”
The Constitution Today Rely on by the US Federal government system Serve as the “Supreme Law of the Land” more than 200 years 5 principles: Popular sovereignty, the rule of law, separation of powers, checks and balances, federalism Defend our country’s freedom and to keep order Stands as a powerful symbol of American values and a source of pride and unity.