Omar Bennett
The US Constitution is founded on seven principles that work together to protect individual rights and liberties, while also enabling a strong central government that can work for the good of the nation. These seven principles are: popular sovereignty, republicanism, federalism, limited government, separation of powers, checks and balances, and a system of representation. Together, they form the foundation of the United States Constitution, establishing a new system of government that would prevent the tyranny experienced under the British monarchy.
| Characteristics | Values |
|---|---|
| Popular Sovereignty | The people give the government its power. |
| Republicanism | A form of government where power is shared between the national and state governments. |
| Federalism | A system of constitutional government in which power is divided into layers with several states on one level and an overarching federal government on another with authority balanced between the state and federal governments. |
| Separation of Powers | The Constitution keeps the three branches of government (executive, legislative, and judicial) separate. |
| Checks and Balances | Each branch of government can exercise checks, or controls, over the other branches. |
| Limited Government | The government has only the powers granted to it in the Constitution, and it can only conduct actions permitted by the Constitution. |
| Protection of Rights, Freedoms, and Liberties | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights. |
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What You'll Learn
Checks and balances
The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no single branch has absolute control and sets up a system of checks and balances.
The legislative branch makes laws, but the President in the executive branch can veto those laws. The legislative branch can, in turn, overturn a presidential veto with a two-thirds supermajority vote in both houses of Congress. The judicial branch interprets the laws and can declare them unconstitutional, making them void.
The executive branch, through federal agencies, is responsible for the day-to-day enforcement of federal laws. The President, as the head of the executive branch, has veto power over the legislative branch, but Congress (the legislative branch) can impeach members of the executive and judicial branches.
The system of checks and balances ensures that the different branches work together and that no one branch becomes too powerful. It also encourages cooperation and bilateral control between the branches.
The framers of the Constitution wanted to prevent the tyranny experienced under the British monarchy and create a strong central government that could work for the good of the nation. They believed that power originates with the people and that no individual or group should be able to abuse that power for their own gain. The system of checks and balances helps to ensure that the government remains accountable to the people and that citizens' rights, freedoms, and liberties are protected.
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Federalism
The Framers of the US Constitution developed the system of federalism to overcome the challenge of maintaining a republic across a geographically large and diverse nation. Each level of government exercises unique powers, but they also have shared powers that they can each exercise. For instance, taxation is a concurrent power.
The principle of federalism was a key component of dividing power to limit the dangers of tyranny. Federalism divides the exercise of power much like the separation of powers between the branches and the division of powers in the two-house Congress. This tension helps to limit power and preserve the liberties of the people.
The Tenth Amendment is particularly important for securing federalism because it ensures that the states retain all powers not granted to the national government.
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Limited government
The principle of limited government is a key feature of the US Constitution, which divides the government into three separate branches: the legislative, judicial, and executive. Each branch has its own powers and constraints, and they must work together to enact new policies and laws. This separation of powers is intended to prevent any single person or group from controlling all government power and abusing it for their own gain.
The US Constitution, written in 1787, extended the idea of limited government by separating the powers of state and federal governments. This is known as federalism, where power is shared between national and state governments. In this system, the federal government is the central national authority, with an overarching presence across multiple states. The states, meanwhile, retain the authority to address local issues.
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 certain rights to the nobility. The idea was further developed by Enlightenment thinkers in the 17th and 18th centuries, who emphasized the rights of individuals over monarchies and theocratic governments.
In modern times, limited government is often associated with economic policies of minimal intervention in trade and commercial activity, as well as the ideas of classical liberalism and laissez-faire economics. While there may be disagreements on the extent of limitations, the principle of limited government seeks to ensure that government bodies are prohibited from certain activities and that citizens' rights are protected.
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Popular sovereignty
The framers of the Constitution wanted to create a system of government that would prevent the tyranny they had experienced under the British monarchy. They wanted the people to have a voice in government, and for national leaders to be bound by the Constitution and national law. This principle is also referred to as the "consent of the governed", meaning that governmental power is derived from the consent of the people being governed.
The idea of popular sovereignty is also reflected in the Bill of Rights, which guarantees that citizens have basic rights, freedoms, and liberties that cannot be taken away by law. This principle was first stated in the Declaration of Independence, which proclaimed that "all men are created equal" and endowed with certain unalienable Rights, including "Life, Liberty and the pursuit of Happiness".
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Separation of powers
The principle of separation of powers is one of the most well-known legal and political doctrines in constitutional law. The framers of the US Constitution divided the federal government's powers between three separate branches of government: the legislative, the executive, and the judiciary. Each branch has its own responsibilities and powers, as outlined in separate articles of the Constitution.
The legislative branch makes the laws, the executive branch enforces them, and the judiciary interprets them. The legislative branch is made up of the Senate and the House of Representatives, and it is responsible for writing legislation and passing bills that become laws. The executive branch is headed by the President, who is the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure that laws are faithfully executed. The judiciary, or judicial branch, is made up of the Supreme Court and inferior courts established by Congress, and it wields the power to interpret and apply the law.
The separation of powers was designed to prevent tyranny and preserve the liberty of US citizens. The framers of the Constitution were influenced by the tyranny they experienced under the British monarchy, and they wanted to ensure that no single branch of government had all the political power or could abuse that power for their own gain. This structure also allows for an effective government, with each branch acting as a check on the others.
While the Constitution establishes a separation of powers, there have been disputes and court cases regarding the boundaries between the branches. For example, in Immigration and Naturalization Service v. Chadha (1983), the Supreme Court ruled that Congress must follow a specific procedure when exercising its legislative power, including presenting every bill passed by the House and Senate to the President for approval or veto. In another case, Youngstown Sheet & Tube Co. v. Sawyer (1952), the Supreme Court held that the President may not issue an executive order that usurps the lawmaking powers of Congress.
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Frequently asked questions
The 7 principles of the US Constitution are popular sovereignty, republicanism, federalism, limited government, separation of powers, checks and balances, and the protection of basic rights and liberties.
Popular sovereignty means that the people give the government its power. The preamble to the Constitution, which starts with "'We the People'", establishes that the government is made by the people and exists to represent, protect and serve them.
Federalism is a system of constitutional government in which power is divided between the national and state governments. The federal government has overarching authority but power is also shared with several states to address local issues.
Limited government means that the government only has the powers granted to it in the Constitution, and it can only conduct actions permitted by the Constitution. The principle is closely related to the "rule of law", meaning that everyone, from citizens to powerful leaders, must obey the law.
The principle of separation of powers means that governmental power is divided into three branches: the legislative, which makes the laws; the executive, which enforces the laws; and the judicial, which interprets the laws. Each branch has its own responsibilities, including overseeing the other branches, and no branch is given all the power.
