Eleanor Finch
The seven constitutional principles, also known as FLIP RCS, are the values that underpin constitutional or liberal democracy. These principles are the foundation of the United States Constitution and include federalism, limited government, popular sovereignty, republicanism, separation of powers, checks and balances, and bicameralism. Together, these principles ensure that politics is conducted within a proper framework and that power is distributed among different institutions.
| Characteristics | Values |
|---|---|
| Federalism | A system of government in which the states and national government share powers. |
| Limited Government | Everyone, including powerful leaders, must obey the law and cannot twist or bypass it to serve their interests. |
| Popular Sovereignty | The power of government lies with the people. |
| 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 | The three branches of government (executive, legislative, and judicial) are separate and each branch is assigned specific powers. |
| Checks and Balances | Each branch of government can exercise checks or controls over the other branches to ensure they work together fairly. |
| Bicameralism | The legislature is split into two chambers—the House of Representatives and the Senate—to embed checks and balances inside the legislative branch. |
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What You'll Learn
- Federalism: a system of government where states and national governments share powers
- Separation of powers: the division of government roles into three branches
- Checks and balances: each branch of government can control the others
- Popular sovereignty: the power of government lies with the people
- Limited government: everyone must obey the law and cannot bypass it to serve their interests
Federalism: a system of government where states and national governments share powers
Federalism is one of the seven constitutional principles known as FLIP RCS. It is a system of government in which the states and the national government share powers. The US Constitution assigns certain powers to the national government, known as delegated or enumerated powers. Powers kept by the states are referred to as reserved powers, while those shared or exercised by both national and state governments are called concurrent powers.
The practice of federalism divides power into layers, with several states on one level and a federal government on another, with authority balanced between the two. This means that some policy areas are exclusive to the federal government, some are exclusive to the states, and others are shared.
The US Constitution was designed with federalism in mind, to limit the federal government's powers. The Constitution lists or "enumerates" the powers of the federal government, ensuring that the states retain their authority in other areas.
Federalism is distinct from the principle of separation of powers, which divides the basic roles of government into three branches: the executive, legislative, and judicial. Each branch has separate powers and responsibilities described in the Constitution, and no one branch is given all the power.
These two principles work together to ensure that power is distributed across different levels and branches of government, creating a system of checks and balances. This system prevents any one group or branch from having too much power and ensures that all levels of government must work together.
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Separation of powers: the division of government roles into three branches
One of the seven constitutional principles, known as FLIP RCS, is the separation of powers. This principle establishes a division of basic government roles into three branches, ensuring that no single branch holds all the power. This concept is rooted in the idea that liberty is preserved when the "three great departments of power" are separate and distinct.
The three branches of government under the separation of powers principle are the legislative, executive, and judicial branches. The legislative power is vested in Congress, responsible for enacting laws. The executive power resides with the President, who executes the public resolutions. Finally, the judicial power is entrusted to the Supreme Court and any lower courts created by Congress, tasked with trying the causes of individuals.
The separation of powers doctrine aims to prevent the concentration of power in a single group or individual. By dividing the government's roles, each branch has specified duties that are independent of the others. This division of powers also enables checks and balances, where each branch can exercise control over the others. For example, legislation passed by Congress must be presented to the President for signature or veto before becoming law.
The Framers of the Constitution adopted the separation of powers principle, drawing on the philosophy of 18th-century French thinker Baron de Montesquieu, who emphasised the importance of "checks and balances". The doctrine was formalised in Articles 1, 2, and 3 of the Constitution, which outline the distribution of powers among the three branches of the US government.
While the US system adheres primarily to the tripartite model of separation of powers, some countries have modified this structure. For instance, Sweden has four powers: judicial, executive, legislative, and administrative branches. Taiwan employs a five-branch system, including the Executive Yuan, Legislative Yuan, Judicial Yuan, Control Yuan, and Examination Yuan.
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Checks and balances: each branch of government can control the others
The seven constitutional principles, also known as FLIP RCS, form the foundation of the United States Constitution. One of these principles, checks and balances, ensures that each branch of the government—legislative, executive, and judicial—can control the others. This principle is based on the philosophy of 18th-century French thinker Baron de Montesquieu, who said, "Power should be a check to power."
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The judicial branch can declare laws made by the legislative branch unconstitutional. The legislative branch, however, has the power to approve Presidential nominations, control the budget, and impeach the President and remove them from office.
The executive branch can declare Executive Orders, which are like proclamations that carry the force of law. But the judicial branch can declare those acts unconstitutional. The President, as the head of the executive branch, nominates Supreme Court justices, court of appeals judges, and district court judges. The legislative branch, through the Senate, confirms or rejects the President's nominees.
The judicial branch interprets laws, but Congress can impeach judges and remove them from office. The Supreme Court, nominated by the President and confirmed by the Senate, can overturn unconstitutional laws.
Through this system of checks and balances, each branch of the government can respond to the actions of the others, ensuring that no one branch holds too much power.
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Popular sovereignty: the power of government lies with the people
Popular sovereignty is a constitutional principle that asserts that the power of the government is derived from the people. It is based on the idea that the government's authority is legitimate only when it rests on the consent of the governed. This concept is often expressed in the phrase "sovereignty lies with the people", implying that the people are the ultimate source of political power and legitimacy.
The idea of popular sovereignty has been a fundamental principle in the formation of democratic governments, particularly in the history of the United States of America. The Declaration of Independence of 1776, for instance, proclaims that legitimate governments derive their powers from the "Consent of the Governed". Later, in 1787, the framers of the US Constitution further entrenched this principle in its Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America".
The concept of popular sovereignty holds that the leaders of a state and its government derive their power from the people and are accountable to them. This idea is reflected in the right to vote, where the people have the power to choose their leaders and shape the policies that govern them. In a democracy, the people's consent is typically expressed through elections, where they elect representatives to make laws and govern on their behalf.
However, popular sovereignty does not dictate a specific form of political implementation. It can be expressed in various ways, such as direct democracy, where the people make laws themselves, or representative democracy, where the people elect representatives to govern on their behalf. In either case, the underlying principle remains the same: the government's power is derived from the people, and it must serve their interests and uphold their values.
Popular sovereignty also serves as a check on the power of the government. If the government acts against the will of the people or fails to represent their interests, the people have the right to correct or depose their leaders and replace them through democratic processes. This principle ensures that the government remains accountable to the people and prevents the concentration of power in the hands of a single group or individual.
In conclusion, popular sovereignty is a fundamental principle of constitutional democracies, particularly in the American context. It asserts that the power of the government lies with the people, who are the ultimate source of political authority and legitimacy. Through their consent, either directly or through elected representatives, the people shape the policies, values, and leaders of their government. By recognising the sovereignty of the people, democracies establish a system of governance that is accountable, representative, and responsive to the needs and interests of its citizens.
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Limited government: everyone must obey the law and cannot bypass it to serve their interests
The seven constitutional principles, also known as FLIP RCS, form the foundation of the United States Constitution. One of these principles is limited government, which means that everyone, from citizens to powerful leaders, must obey the law and cannot bend or bypass it to serve their interests. This is in contrast to unlimited government, where those in power are unrestrained by laws and can use their power as they see fit.
The concept of limited government is rooted in the belief that a constitution should serve as a "higher law" that places limitations on those in power and protects the basic rights of citizens to life, liberty, and property. It establishes the government's responsibility to protect these rights and ensures that power is distributed and balanced across different branches, preventing it from being concentrated in the hands of a single group or individual.
In the United States, the Constitution outlines the powers denied to Congress and the states, with reserved powers held by the states and people for all powers not delegated to the national government or denied to the state governments. This distribution of powers is a key feature of federalism, another principle of the seven constitutional principles, which involves the sharing of power between state and national governments.
The principle of limited government is essential for maintaining a system of checks and balances, where each branch of government can exercise control over the others, preventing the abuse of power and promoting fair and just governance. This principle is particularly relevant in constitutional governments, where the powers of those in control are limited by laws, customs, traditions, and rules outlined in the constitution.
Overall, the principle of limited government in the seven constitutional principles underscores the importance of accountability, rule of law, and protection of citizens' rights, ensuring that power is distributed and balanced to prevent tyranny, autocracy, or dictatorship.
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