1. Principles Underlying the Constitution
Chapter 3.4
Principles Underlying the Constitution

2. Popular Sovereignty
The Framers had a common vision for the gov’t: It should be representative of the people and limited in scope. Power should be divided among different levels.
To achieve these ends, the Framers embraced five principles as the backbone of the Constitution:

3. continued
Popular sovereignty; Rule of law; Separation of powers; Checks and balances; and Federalism
Article IV guarantees a republic, in which supreme power belongs to the people (popular sovereignty). The people express their will through elected representatives. Provisions, such as those about the right to vote, ensure popular sovereignty.

4. Rule of Law
The Framers believed the gov’t should be strong but not too strong.
The Constitution sets limits by stating what gov’t may and may not do. Gov’t is also limited by the rule of law. This means that the law applies to everyone, even those who govern.

5. Separation of Powers
To keep any one person or group from becoming too powerful, the Framers divided gov’t into three branches with different functions.
This split of authority among the legislative, executive and judicial branches is called the separation of powers.

6. Checks and Balances
Checks and balances keep any one branch from becoming too powerful. Each branch can check, or restrain, the power of the others.
For example, the president can veto laws, Congress can block presidential appointments and the Supreme Court can overturn laws it finds contrary to the Constitution.

7. Federalism
Under federalism, power is shared by the national gov’t and the states. Americans must obey the laws of both. (See chart pg. 92)

8. continued
Enumerated or expressed powers are powers the Constitution specifically grants to the national gov’t. Powers not given to the national gov’t are reserved powers kept by the states. Powers that both levels of gov’t can exercise are concurrent powers.

9. continued
When national and state laws conflict, the Constitution is the final authority. Neither the national nor state gov’ts may act in violation of it.
The Constitution is both durable and adaptable. It provides the gov’t sufficient power to keep order, protect and defend, yet set limits to avoid tyranny.