Principles of the U.S. Constitution

The Ideas Upon Which Our Government Was Founded Principles of the U.S. Constitution Popular Sovereignty Republicanism Separation of Powers Checks and Balances Federalism Individual Rights Limited Government

Limited Government  Powers of government are limited by the Constitution.  Articles I, II, and III of the U.S. Constitution specify the powers and responsibilities of each branch. Constitutional Constraints LegislativeExecutiveJudicial

Popular Sovereignty  All authority for government flows from the people and they rule through their elected representatives. The People

Found in Preamble: “We the people, in order to form a more perfect union,... do ordain and establish this Constitution of the United States.”  Also in Article IX, “The people retain rights not here enumerated.”  People have the right to abolish and re-create their form of government.

Republicanism  Voters elect representatives to exercise power for them. Laws Representatives The Voting Public

Separation of Powers  Each Branch of Government has its own responsibilities and limitations. Article I — Congress has the power to make laws and to tax. Article II — The Executive Branch has the responsibility to carry out the laws. Article III — The Judicial Branch settles disputes over the laws.

Checks and Balances Each of the three branches of government exercises some control over the others, sharing power among them. President can issue pardons. Court can issue an injunction to stop executive action. Congress confirms all judicial appointments. Court can declare laws unconstitutional. President can veto laws. 2/3rds vote in Congress can override his veto. Executive Branch Federal Judiciary U.S. Congress

Federalism  Power is divided between the national and state governments, limiting central power.  The 10 th Amendment states: “Powers not delegated to the federal government are reserved to the states and the people.”

The Federal System under the U.S. Constitution Examples of powers of the national government Examples of powers reserved for the state governments Declaring War Regulating U.S. Trade Coining Money Governing Education Providing for public safety

Individual Rights  Enlightenment scholars believed that there were natural or god-given rights that everyone was born with. They suggested that the whole purpose of any government was to insure these individual rights.  The Declaration of Independence referred to “unalienable rights,” such as “life, liberty, and the pursuit of happiness.”  The Bill of Rights was added to the U.S. Constitution in 1791 to protect individual rights, or civil liberties.

The First Ten Amendments to the Constitution 1. Freedom of speech, press, religion, assembly, and the right to petition the government 2. The right to bear arms in state militias 3. The guarantee that civilians will not have to house soldiers 4-8. Protections for those accused of a crime 9. The guarantee that rights not specifically listed are not automatically denied to people 10. The guarantee that the people and states keep the powers not specifically given to the federal government The Bill of Rights

The Importance of Freedom of Speech and Freedom of the Press in a Democratic Society  Why are these two freedoms considered essential to the survival of a democracy?  The number one reason... To allow us to safely criticize our elected leaders and our government’s policies.  It is believed that, without this freedom, power would fall into the hands of powerful individuals that do not represent the will of the people.

ANTI-FEDERALISTS  Wanted to retain the Articles of Confederation  Established the theory of States’ Rights, eventually taking states’ rights away.  Would not ratify the Constitution without the presence of the Bill of Rights. Were guaranteed Congress would create the Bill.  Too much power to Government officials.  Too big to care for rights of people.

FEDERALISTS  Gives rights to people b/c limits the government.  Separation and Balance of Powers keeps government small.  No fear of government getting to big b/c of limited government.  Bill of Rights not needed because the rights of the people are implied and cannot remove b/c of Individual Rights guaranteed in Declaration.  Not easy to violate human rights with the separation and balance of powers.