Eleanor Finch
The US Constitution outlines the structure and powers of the government, with the major principles of checks and balances, federalism, limited government, popular sovereignty, republicanism, and separation of powers. These principles are designed to protect individual rights and liberties, while also ensuring a strong central government that can act in the best interests of the nation. The US Constitution also does not mention political parties, which has led to a major constitutional challenge with the rise of partisanship and polarisation in recent years.
| Characteristics | Values |
|---|---|
| Checks and Balances | Constitutional powers are distributed among the branches of government, allowing each to limit the application of power of the other branches and to prevent expansion of power of any branch |
| Federalism | The national and state governments have a balance of separate and shared powers |
| Limited Government | The role of government should be limited by checks and balances and a separation of powers, because of the corrupting nature of power |
| Popular Sovereignty | Power begins with the citizens, who can exercise that power to make decisions that affect their lives and the lives of other Americans |
| Republicanism | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights |
| Separation of Powers | The division of power between the president, House and Senate means that parties need to cooperate in order to govern the country |
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What You'll Learn
Checks and balances
One of the major principles of the US Constitution is the system of checks and balances. This principle is closely related to the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. This separation ensures that no individual or group has too much power, as each branch can change the actions of the others.
The legislative branch, consisting of the Senate and the House of Representatives, is responsible for making laws. However, the President, as the head of the executive branch, can veto these laws. The executive branch also includes Federal agencies, which are responsible for enforcing and administering Federal laws. The President can also nominate heads of Federal agencies and high court appointees, but these nominations must be confirmed by Congress.
The judicial branch, including the Supreme Court, can overturn laws deemed unconstitutional. The Justices of the Supreme Court are nominated by the President and confirmed by the Senate.
The system of checks and balances also extends to foreign policy. While the President is the 'commander in chief' of the armed forces, Congress has the power to declare war and can force the President to seek specific authorisation before committing troops. The Senate must also ratify any treaties negotiated by the President, which requires a two-thirds majority.
The impeachment power gives Congress the authority to address corruption and abuse of power in the other branches. Additionally, bicameralism, or the existence of two chambers within the legislative branch, reduces legislative predominance.
The system of checks and balances aims to prevent any one branch from having too much power and to encourage cooperation between political parties to govern effectively.
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Federalism
The principle of federalism is important in the US constitutional system as it helps to limit the dangers of tyranny by preventing any one level of government from having too much power. The US Constitution is supreme over both national and state governments, and while it strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade, it also ensured that states retained many powers.
The US Constitution was written to act as the supreme law of the land, creating a strong national government. However, the Framers of the Constitution also wanted to limit the power of the federal government and preserve the liberties of the people. They did this by dividing the national government into three branches, each with its own roles and authorities, and by allowing states to check the national government if it overstepped its powers.
The US Constitution also requires cross-party support for certain actions, such as amending the Constitution, which requires the participation and approval of state legislatures. The Tenth Amendment of the Bill of Rights further secures federalism by explicitly stating that powers not delegated to the federal government are reserved for the states. This has resulted in a dynamic tension between the national government and the states, with each level of government having its own unique and shared powers.
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Limited government
One of the major principles of the US Constitution is that of limited government. This principle asserts that the role of the government should be restricted by checks and balances and a separation of powers, as outlined in the Constitution, to prevent the corrupting influence of power.
In the context of the US, this means that the federal government's power is limited and it cannot impose its policies without limitation. The US Constitution divides power between the president, the House of Representatives, and the Senate, requiring cooperation between parties to govern effectively. This is evident in the requirement for cross-party support for amendments and for the Senate to ratify treaties, necessitating a two-thirds majority.
The Constitution also grants Congress the power to declare war, and while this power has not been exercised since 1941, it has been used to force the president to seek authorisation for military action. This is an example of how the Constitution limits the power of the president, who is the 'commander in chief' of the armed forces, by giving Congress a check on that power.
The power of the federal government has grown over time, particularly in response to economic crises, increased demands for civil rights protection, and the need for greater social policy provision. However, the US Constitution has not changed significantly in this area, and the line between federal and state powers remains somewhat unclear. Each state has its own constitution, executive branch, legislature, and Supreme Court, and while they are subject to Constitutional rules, they maintain a high degree of autonomy.
The principle of limited government is intended to prevent the concentration of power and the potential for abuse by ensuring power is distributed and balanced across different institutions and levels of government.
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Popular sovereignty
The concept of popular sovereignty was further manifested in the US Constitution through Article V, which allows for amendments to be made through elected representatives of the people. Additionally, the Constitution requires members of Congress to be directly elected by the people, as outlined in Article I for the House of Representatives and the 17th Amendment. The people's involvement in the creation and amendment of the Constitution, as well as their role in electing representatives, embodies the principle of popular sovereignty.
The US Constitution's commitment to popular sovereignty is also reflected in the division of powers between the president, the House, and the Senate. This division necessitates cooperation and compromise between political parties to govern effectively. The Constitution further emphasizes cross-party collaboration by requiring super-majorities for amendments and Senate ratification of treaties. This checks-and-balances system helps ensure that the government's power is limited and subject to the will of the people.
In conclusion, popular sovereignty in the US Constitution means that the people are the ultimate source of political power. This is demonstrated through their involvement in constitution-making, ratification, and amendment processes, as well as their role in electing representatives and influencing public policy decisions. The US Constitution's embrace of popular sovereignty has had a significant impact on the development of democratic ideals and government legitimacy worldwide.
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Separation of powers
The US Constitution's separation of powers principle is one of the most well-known legal and political doctrines in constitutional law. It divides the federal government's powers between three separate branches: the legislative, executive, and judicial.
The legislative power is vested in Congress, which consists of the Senate and the House of Representatives. They are responsible for creating and passing laws, which the President can veto. The executive power is vested in the President, who becomes the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure the laws passed by Congress are executed faithfully. The judicial power is vested in the federal courts, which interpret the laws and review the actions of the other two branches.
The separation of powers allows each branch to perform its tasks efficiently and effectively, and it also allows each branch to "check" the actions of the other two branches. For example, Congress can restrict the President's actions through impeachment, and the President needs the Senate's consent to appoint executive officers and judges. This system of checks and balances prevents any one branch from having all the political power and protects the liberties of US citizens.
The Framers of the Constitution intentionally created this structure to prevent tyranny and preserve freedom, having just won a war against the British monarchy, which was viewed as tyrannical due to its concentration of power. They were influenced by political theorists like Montesquieu, who wrote about the separation of powers almost 100 years earlier. While some states, like New Jersey and Delaware, did not initially observe a strict separation of powers, others, like Maryland and Virginia, explicitly required it.
The separation of powers, along with federalism, forms the foundation of the US government's structure and has been influential globally, with many countries basing their constitutions on the US model.
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Frequently asked questions
The US Constitution is based on seven principles that work together to protect individual rights and liberties while maintaining a strong central government. These principles include popular sovereignty, republicanism, federalism, limited government, separation of powers, checks and balances, and more.
Popular sovereignty means that the people give the government its power. The framers of the Constitution believed that power originates with citizens, who can make decisions affecting their lives and those of other Americans. This principle is related to limited government, as it prevents any individual or group from abusing power for personal gain.
Federalism in the US Constitution refers to the balance of power between national and state governments. While the national government has certain delegated powers, states retain a significant degree of control over their affairs. This principle is related to the separation of powers and checks and balances, as it ensures that power is distributed and limited across different levels of government.
Checks and balances is a key principle in the US Constitution, ensuring that no single branch of government holds too much power. It distributes constitutional powers among the branches, allowing them to limit each other's power and prevent its expansion. This is related to the principle of limited government and helps maintain a balance between national and state powers in federalism.
The separation of powers is evident in the US Constitution through the division of power between the President, the House, and the Senate. This division encourages bipartisanship and cooperation between political parties to govern effectively. It also relates to federalism by distributing power across different levels of government, ensuring that no single branch or level holds absolute power.
