Eleanor Finch
The US Constitution is founded on several major principles that work together to protect individual rights and liberties, while also establishing a strong central government. The number of principles varies depending on the source, but there are at least five commonly cited principles: checks and balances, federalism, limited government, popular sovereignty, and republicanism. These principles outline the structure and powers of the government, emphasizing the distribution of power across different branches and levels of government, the sovereignty of the people, and the protection of citizens' rights and freedoms. Understanding these principles is crucial for comprehending the US system of government and the role of the Constitution in shaping the nation's political landscape.
| Characteristics | Values |
|---|---|
| Checks and balances | Each branch of the government is checked or restrained by the other two branches |
| Federalism | Power is divided between the state and federal governments |
| Limited government | The government can only exercise the powers granted to it in the Constitution |
| Popular sovereignty | The government is made by the people and exists to represent, protect, and serve them |
| Republicanism | A system of government based on popular sovereignty and put into practice by the constitutional institutions and processes of representative government |
| Separation of powers | Powers are distributed nationally to Congress, the President, and the Supreme Court |
| Citizens' rights | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights |
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What You'll Learn
Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. This doctrine of separation of powers is based on several principles. Firstly, each branch has unique and identifiable functions. The legislative branch makes the law, the executive branch enforces it, and the judicial branch interprets it. Secondly, no individual or group should serve in more than one branch simultaneously. Thirdly, a system of checks and balances ensures that the three branches have an interplay of power and can hold each other accountable. For example, the Constitution allows the President to veto legislation, but they require the Senate's consent to appoint executive officers and judges or enter into treaties.
The Framers of the Constitution, including James Madison, were influenced by political theorist Baron Charles de Montesquieu, who wrote about the separation of powers almost 100 years earlier. They aimed to create a system of government that provided sufficient power to govern while protecting the liberties of the governed. The separation of powers was not intended to be rigid, and the branches were designed to have a degree of interdependence. However, the Framers also wanted to ensure that no single branch became too powerful.
While many southern states explicitly required a separation of powers, some northern states did not observe this principle strictly in the 18th century. In New Jersey, the governor also functioned as a member of the state's highest court and as an officer of one house of the legislature. Similarly, in Delaware, the president was a member of the Court of Appeals and the presiding officers of the legislature also served in the executive department.
The separation of powers is a fundamental aspect of the US Constitution, ensuring that the government functions with a balance of power and that no single branch becomes dominant. It provides a framework for governing while safeguarding the freedoms of the people. The system of checks and balances within the three branches helps to maintain this equilibrium and accountability.
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Federalism
The Founders intended for the national government to have limited powers, leaving the regulation of intrastate commerce to the states. This approach, known as "Enumerated Powers Federalism", resulted in a national government with only the powers explicitly granted to it by the Constitution. The states, on the other hand, held all the powers that were not specifically enumerated for the federal government.
The US Constitution contains the Supremacy Clause, which establishes the supremacy of federal law over state law in cases of conflict. This clause further strengthens the federal government's authority by ensuring that federal laws and treaties made under the authority of the United States take precedence over state laws. Federalism also encompasses concurrent powers, which are powers 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 is designed to prevent centralized power and protect liberty by limiting the reach of government.
The Bill of Rights, the first 10 amendments to the US Constitution, further limits the federal government by enumerating certain prohibitions on the use of government power. These amendments protect against systemic and continuing government abuses that could result from a lack of effective limits on 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, belief in this principle waned in the 1930s as President Franklin D. Roosevelt's New Deal agenda expanded the scope and authority of the federal government to combat the Great Depression.
The concept of limited government has its origins in the classical liberal tradition of Europe, which emphasized the rights of the individual in contrast to the monarchies and theocratic governments of the time. The Magna Carta, drafted in 1215, is one of the earliest written descriptions of limited government, as it limited the power of the English king by granting certain rights to the nobility. Today, many modern political systems have codified legal rights that cannot be violated by the government, police, or military.
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Popular sovereignty
The US Constitution embodies several major principles of government, including popular sovereignty, which is the idea that the government is created by the people and exists to represent, protect, and serve them. Popular sovereignty is expressed in four ways in a democracy:
Firstly, the people are directly or indirectly involved in the creation of a constitution, either by themselves or through their elected representatives. This involvement gives them a direct say in shaping the fundamental principles and structure of their government.
Secondly, the constitution, created in the name of the people, gains legitimacy through ratification by a majority vote of the people or their elected representatives. This process ensures that the constitution reflects the will and consent of the governed.
Thirdly, the people have the power to propose and ratify amendments to their constitution, either directly or through their representatives. This ensures that the constitution remains a living document that can adapt to the changing needs and values of society.
Lastly, popular sovereignty is demonstrated when the people indicate their support for their government by voting in public elections, upholding the constitution, and influencing public policy decisions. They hold their government accountable and ensure that it acts in accordance with the principles established by the constitution.
The concept of popular sovereignty, asserted as a founding principle of the United States, sets a global standard for democratic legitimacy. It is reflected in the US Constitution's Preamble, which recognises that the government is established by and for the people. This principle is further reinforced in various articles of the Constitution, such as Article V, which outlines the process of amending the Constitution through the people's elected representatives, and Article VII, which required the approval of nine states before the Constitution could become the supreme law of the land.
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Checks and balances
The US Constitution embodies several major principles, including checks and balances, federalism, limited government, popular sovereignty, republicanism, and separation of powers. This response will focus on the checks and balances principle.
The legislative branch, consisting of the Senate and the House of Representatives, is responsible for making laws. However, the President, who heads the executive branch, can veto these laws. The legislative branch can override the presidential veto with enough votes. Additionally, it has the power to approve or reject Presidential nominations, control the budget, and impeach and remove the President from office in exceptional circumstances.
The executive branch enforces and administers federal laws through federal agencies. It can issue executive orders, which carry the force of law. However, the judicial branch can declare these acts unconstitutional. The President also nominates Supreme Court justices and other judges, who are then confirmed by the Senate.
The judicial branch, comprised of the federal court system, interprets laws and can overturn unconstitutional ones. Through judicial review, the courts can check the actions of the other two branches. The impeachment process also allows Congress to address corruption and abuse of power in the executive and judicial branches.
In summary, the checks and balances system in the US Constitution ensures that the three branches of government can hold each other accountable and prevent any one branch from dominating. This system was designed to protect against the concentration of power and maintain a balanced governance structure.
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