Malcolm Rivera
The US Constitution is founded on several democratic principles, including popular sovereignty, federalism, and republicanism. Popular sovereignty, expressed in the preamble as We the People, means that power begins with the people, who are trusted to make important decisions that affect their lives and the lives of others. Federalism involves sharing powers between state and national governments, with each level of government having its own reserved powers, such as the national government's power to defend the country, and shared powers, such as the power to tax. Republicanism divides powers into three branches of government: the executive, legislative, and judicial branches, each with its own unique responsibilities and powers, including powers over the other branches.
| Characteristics | Values |
|---|---|
| Popular Sovereignty | The people are the ultimate source of the government's authority, which derives its right to govern from their consent. |
| Majority Rule and Minority Rights | Laws are made with the consent of the majority but do not infringe on the inalienable rights of the minority. |
| Limited Government | The government must be limited and provide recourse for citizens to be protected from arbitrary power. |
| 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. |
| Procedural Justice | All government agencies use fair procedures when gathering information and making decisions, protecting the rights of individuals and the interests of society. |
| Self-Discipline | Citizens freely adhere to the fundamental values and principles of constitutional democracy without requiring the imposition of external authority. |
| Civic-Mindedness | Citizens are concerned about the common good and not just their private affairs. |
| Open-Mindedness | Citizens are receptive to different ideas and arguments, considering opposing positions. |
| Compromise | Citizens sometimes must make accommodations or concessions in the political process to avoid political stalemate or indecision. |
| Patience and Persistence | Citizens understand that developing or changing public policy requires time and persistent effort. |
| Compassion | Citizens empathize with others and demonstrate concern for their welfare. |
| Generosity | Citizens are willing to expend their time, effort, and resources for the benefit of others and the community. |
| Loyalty | Citizens act in accordance with the fundamental principles of constitutional democracy. |
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What You'll Learn
Popular sovereignty
The American Revolution was a pivotal moment in the evolution of popular sovereignty, marking a departure from the monarchical systems in Europe. American revolutionaries advocated for a collective sovereign composed of the people, challenging the sovereignty vested in King George III. This shift towards popular sovereignty as a governing principle was underpinned by the values of equality, freedom, rights, and consent.
In the context of the United States Constitution, popular sovereignty is manifested in several ways. Firstly, it is reflected in Article V, which outlines the process of amending the Constitution through elected representatives of the people. Secondly, the principle of popular sovereignty is evident in Article I, pertaining to the House of Representatives, and the 17th Amendment, concerning the election of senators, both of which require members of Congress to be directly elected by the people.
Additionally, popular sovereignty is expressed through the involvement of citizens in the creation and amendment of the Constitution. The people, either directly or through their elected representatives, participate in the drafting and ratification of the Constitution, ensuring it reflects their values and interests. This participation can be immediate, with citizens directly involved in lawmaking, or mediated through elected representatives who are subject to election and recall.
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Federalism
The US Constitution grants the national government powers such as declaring war, making treaties, and regulating interstate trade. At the same time, the states retain many powers, including those not explicitly delegated to the national government or prohibited for the states, as outlined in the Tenth Amendment. This amendment has been used at different times to both limit and expand the power of Congress.
The dynamic tension between the national government and the states is an important feature of federalism, and it helps to limit power and preserve the liberties of the people. The US Senate, for example, represents state interests as senators are elected statewide. The Electoral College also gives states a voice in presidential elections, ensuring representation from all areas of the country.
The exact relationship between the national and state governments has evolved over time, with federal-state relations remaining a contested issue. Federalism has gone through four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present day. During these periods, the balance of power between the federal and state governments has shifted, with the federal government at times expanding its powers, and at other times, courts invoking state sovereignty to preserve state autonomy.
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Republicanism
The Founding Fathers, in establishing republicanism, sought to address the problem of majority tyranny. They aimed to prevent a situation where the majority could infringe upon the rights of the minority. This concern is reflected in the structure of the government they designed, with its system of checks and balances. The Constitution divides powers into three separate branches—the legislative, executive, and judicial—to ensure that no single person or group holds too much power. This separation of powers, along with checks and balances, protects citizens' liberties and maintains a delicate balance in governance.
The US Constitution's embrace of republicanism has had a significant impact on the nation's history. It has influenced political parties, such as the Republican Party of Thomas Jefferson, also known as the Democratic-Republican Party. Additionally, republicanism has shaped debates around civic duty, military service, and the relationship between state and national governments. The principle of republicanism, with its emphasis on popular sovereignty and checks and balances, remains a cornerstone of the US political system.
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Checks and balances
The US Constitution's system of checks and balances is a mechanism that prevents any one branch of the government from becoming too powerful, thus protecting against tyranny. This system allows each branch to have power over the other two and ensures that no single group can accumulate total power.
The three branches of the US government are the legislative, executive, and judicial branches. The legislative branch, which includes Congress, the Senate, and the House of Representatives, has the power to draft laws, declare war, regulate commerce, and control spending and tax policies. It can check the executive branch by voting to impeach the President and/or members of their administration, passing treaties, determining nominations, and setting the budget for executive offices. The legislative branch also has checking power over the judicial branch by being able to impeach federal judges and determining the jurisdiction of federal courts.
The executive branch, headed by the President, has the power to enforce laws and create laws without prior approval from Congress through executive orders. It can check the legislative branch by vetoing laws passed by Congress, which can be overridden by a two-thirds vote from both houses of Congress. The executive branch also has checking power over the judicial branch by nominating Supreme Court judges.
The judicial branch, led by the Supreme Court, has the power of judicial review, which allows it to interpret laws and determine how lower courts apply those laws to individual cases. It can check the executive branch by overturning presidential vetoes deemed unconstitutional. The judicial branch also has checking power over the legislative branch by ruling on the constitutionality of treaties and laws passed by Congress.
This system of checks and balances ensures that the US government remains stable and that the powers of each branch are balanced, protecting the rights of the people and preventing tyranny. It reflects the Founding Fathers' interpretation of a republican form of government and their desire to protect individual rights, a response to the colonists' experiences of taxation without representation and violations of their rights by British authorities.
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Freedom of religion and speech
The First Amendment of the US Constitution includes two provisions concerning freedom of religion and speech. The first is the Establishment Clause, which prohibits the government from establishing an official religion. This means that the government cannot favour or promote any particular religion over another, nor can it establish a state-sponsored church. The second provision is the Free Exercise Clause, which guarantees the right to freely practice one's religion without government interference. This includes the freedom to hold religious beliefs, engage in religious worship, and participate in religious activities.
The First Amendment also explicitly protects freedom of speech and freedom of the press. These freedoms are essential components of a democratic society, enabling individuals to express their opinions, engage in open dialogue, and seek and share information without fear of censorship or retribution. The freedom of speech encompasses various forms of expression, including verbal, written, and symbolic speech, allowing individuals to communicate their ideas, beliefs, and viewpoints.
The interpretation and application of these freedoms have been the subject of ongoing debate and legal clarification. For example, in the case of Engel v. Vitale, the Supreme Court addressed the issue of religion in schools and how it relates to the Establishment Clause. While the precise definition of "establishment" has been unclear, the Court has provided guidance through cases like Lemon v. Kurtzman, where a three-part test was established to define an "establishment of religion."
The freedoms of religion and speech, as outlined in the First Amendment, empower individuals to practice their faith and express themselves without government restriction. These rights foster a diverse and inclusive society, where civil discourse, religious tolerance, and the free exchange of ideas are valued and protected. They form a critical foundation for democracy, ensuring that individuals have the liberty to pursue their beliefs and contribute to a vibrant and pluralistic public sphere.
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