What Principles Guide The Constitution?

are they 6 or 7 principles in the constitution

The US Constitution is founded on a set of principles that uphold the nation's governing system. These principles are the building blocks of the American form of government, emphasizing freedom, democracy, and individual rights. While some sources argue that there are six principles, others assert that there are seven. These principles include popular sovereignty, republicanism, federalism, limited government, separation of powers, and checks and balances. Understanding these principles is crucial for comprehending the Constitution's role in shaping the US government and safeguarding against tyranny.

Characteristics Values
Separation of Powers The Constitution keeps the three branches of government (executive, legislative, and judicial) separate and describes their powers and responsibilities in separate Articles.
Checks and Balances Each branch of government can exercise checks or controls over the other branches to help ensure they work together fairly.
Federalism A system of constitutional government in which power is divided between states and an overarching federal government with authority balanced between the two.
Limited Government The government only has the powers granted to it in the Constitution and can only conduct actions permitted by the Constitution.
Popular Sovereignty The government is made by the people, exists to represent, protect, and serve them, and rules with their consent.
Republicanism A system of government based on popular sovereignty and put into practice by the constitutional institutions and processes of representative government.

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Checks and balances

The principle of checks and balances is fundamental to constitutional democracy. It involves empowering separate branches of government to prevent actions by other branches and inducing them to share power. This principle is particularly important in tripartite governments, such as that of the United States, which separate powers among the legislative, executive, and judicial branches.

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Federalism

Article I, Section 8 of the Constitution describes the specific powers that belong to the federal government, referred to as enumerated powers. The Tenth Amendment reinforces the concept of federalism by reserving powers for the states that are not delegated to the federal government. This was particularly important in the post-Civil War era, when the Fourteenth Amendment was enacted to prevent states from violating the privileges and immunities of their citizens, thus placing new federal constraints on state governments.

Concurrent powers refer to those shared by both the federal and state governments, such as the power to tax, build roads, and create lower courts.

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Limited government

The principle of limited government is a key feature of the United States Constitution, which was written in 1787. This principle asserts that the government can only exercise the powers specifically assigned to it by the Constitution and can only take actions permitted by it. In other words, the government's power is limited to those explicitly stated in the Constitution, and it is prohibited from certain activities. This idea was developed to prevent centralized power and safeguard liberty, ensuring that the government would not be able to exercise power in abusive or oppressive ways.

The concept of limited government is not unique to the US and can be traced back to the Magna Carta in 1215, which limited the power of the English king by granting rights to the nobility over the throne. In Europe, the idea gained traction during the Enlightenment, emphasizing individual rights in contrast to the monarchies and theocratic governments of the time.

The US Constitution extended this principle by separating the powers of state and federal governments and dividing the federal government into three branches: legislative, judicial, and executive. This separation of powers is intended to prevent any single person or group from controlling the entirety of the government's power. The Constitution also includes a Bill of Rights, which outlines certain prohibitions on the government, further limiting its power.

While the principle of limited government was widely supported in the US for the first century and a half of the nation's existence, this changed in the 1930s with President Franklin Roosevelt's New Deal agenda. This expansion of federal government powers to address the Great Depression led to a shift away from limited government, particularly among liberal activists who wanted the government to play a larger role in society. Despite this shift, the principle of limited government remains a fundamental aspect of the US Constitution, reflecting the framers' intention to restrain the power of the federal government and protect individual liberties.

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The US Constitution reflects popular sovereignty in several of its Articles. Article V provides the means to amend the Constitution through the elected representatives of the people. Article VII required that nine states approve the proposed framework before it could become the supreme law of the land. The people of the several American states chose representatives to ratifying conventions who decided to approve the Constitution in the name of those who elected them. Popular sovereignty is also reflected in two different parts of the Constitution that require members of Congress to be elected directly by the people: Article I, which pertains to the House of Representatives, and the 17th Amendment, which concerns the election of members of Congress.

The idea of popular sovereignty has become a world-class standard of legitimacy for governments in the 21st century. Many democratic nation-states today uphold this standard in their constitutions. For example, Article 2 of the 1993 constitution of the Czech Republic states that " [a]ll state power derives from the people... The state power serves all citizens and can be exercised only in cases within the scope stipulated by law, and by means specified by law." Similarly, Article 1 of the 1988 constitution of Brazil asserts that " [a]ll power emanates from the people, who exercise it by means of elected representatives or directly." Even non-democracies, such as the People's Republic of China, have tried to claim popular sovereignty to justify their exercise of power.

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Republicanism

The values and ideals of republicanism are foundational in the constitution and history of the United States. Political scientists and historians have described the central values of republicanism as liberty and inalienable individual rights; recognizing the sovereignty of the people as the source of all authority in law; rejecting monarchy, aristocracy, and hereditary political power; virtue and faithfulness in the performance of civic duties; and vilification of corruption. These values are based on those of Ancient Greco-Roman, Renaissance, and English models and ideas.

In the context of the US Constitution, republicanism does not refer to a political movement to abolish social class, as it does in countries such as the United Kingdom, Australia, and the Netherlands. Instead, it refers to the core values that citizenry in a republic have, or ought to have.

The concept of republicanism was linked to religion during the American Revolution. Historian Thomas Kidd argues that during the Revolution, active Christians tied their religion to republicanism. He states that a "new blend of Christian and republican ideology led religious traditionalists to embrace wholesale the concept of republican virtue".

Frequently asked questions

The 7 principles of the US Constitution are Federalism, Limited Government, Popular Sovereignty, Republicanism, Separation of Powers, Checks and Balances, and the Rule of Law.

The 7 principles are geared towards protecting the people from an overly powerful government. They are also in place to ensure that the government functions effectively.

The principles of Federalism, Separation of Powers, and Checks and Balances divide power and ensure that no single branch of government has all the power. The principle of Limited Government restricts the powers of the government to only those mentioned in the Constitution.

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