“Principles Underlying the Constitution”

Our Government’s Purpose Throughout our constitutional government there are five underlying principles, or goals, of our government.

1. “Popular Sovereignty”

“Popular Sovereignty” “Popular Sovereignty” is the belief that the power lies with the “people” (right of the people to rule) “We the People…” Power comes from the “consent of the governed”…

“Popular Sovereignty” “Republic” is where the “people” choose those to represent their interests in government. We have this form of Representative Democracy here. (Think of the Pledge of Allegiance) The right of the people to vote gives us the chance to vote and choose our leaders.

2. “Rule of Law”

“Rule of Law” Stemming back to the Magna Carta and The English Bill of Rights, our Constitution believes that the government should have certain limits. The government is limited by the law – and the LAW applies to everyone! Everyone is under the law!!!

The rule of law impacts government officials in the following ways: The “rule of law” protects citizens from arbitrary abuses of government power. The rule of law impacts government officials in the following ways: Accountability to the law Fair procedures Decisions based on the law Consistent application of the law Enforcement of the law Transparency of institutions (few government secrets are legal) What would a government look like that operates under the rule of law? One that doesn’t?

3. “Federalism”

“Federalism” “Federalism” means that the states and federal gov’t share power. States give up some of their powers to the national government. National and state governments share powers – this limits the power of the federal government by giving power to the states.

Powers are Divided

“Expressed” Powers “Expressed” or “enumerated” or “delegated” Powers are specifically given to the federal (national) government only!

“Expressed” Powers “Necessary & Proper” laws Regulating trade Conducting foreign affairs Raise & support armies Coin or print money Create postal system Govern U.S. territories Regulate immigration

“Reserved” Powers “Reserved” Powers are kept by the state governments. These are powers that are NOT specifically listed in the Constitution.

“Reserved” Powers Provide for public safety, health, welfare within state Regulate trade within state Create local governments Conduct elections Establish public school systems.

“Concurrent” Powers “Concurrent”powers are the powers that the national government shares with the states.

“Concurrent” Powers Enforce the laws Establish courts Collect taxes Borrow money Provide for the general welfare Prisons Roads

10th Amendment Amendment 10 of the Constitution…“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” All powers not mentioned in the Constitution return to the states.

The FINAL Authority Supreme Law of the Land Article 6 of the Constitution: – the Constitution is the final authority in all matters! Called the Supremacy Clause

4. “Separation of Powers”

“Separation of Powers” Inspired by French philosopher Baron de Montesquieu. He believed the best way to protect the rights of the “people” is to clearly separate the functions of government. (3 names, 3 branches…)

“Separation of Powers” The 3 “branches” of government are: Legislative Branch – make the laws Executive Branch – enforce the laws Judicial Branch – interpret the laws. NO SINGLE “BRANCH” IS MORE POWERFUL AS POWERS ARE SEPARATE! Separation of Powers limits the power of the government.

5. “Checks & Balances”

“Checks & Balances” This process is used to keep any one branch from becoming too powerful. Checks & Balances limits the power of the government by allowing the three branches to “check” or block one another’s powers.

“Checks & Balances” The President can appoint justices to the Supreme Court with Congress’ approval. The Senate can “check” the President by approving or rejecting appointments. The President can “check” Congress by vetoing laws and naming federal judges.

“Checks & Balances” The House can impeach an official for misconduct in office if they commit a wrongful act. Impeach means to formally ACCUSE!

“Checks & Balances” The Supreme Court can declare the laws made by Congress unconstitutional.

“Checks & Balances”