Malcolm Rivera
The US Constitution is a short document that outlines the nation's basic values and consists of three central provisions: a preamble, seven articles, and twenty-seven amendments. The seven key principles of the constitution work together to protect individual rights and liberties, while also ensuring a strong central government. These principles include federalism, limited government, popular sovereignty, republicanism, and separation of powers.
| Characteristics | Values |
|---|---|
| Separation of Powers | The Constitution keeps the three branches of government (executive, legislative, and judicial) separate. |
| 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. |
| Checks and Balances | Each branch "checks" that the other two branches are functioning within their given powers and that responsibilities are balanced among them. |
| Limited Government | The government has only the powers granted to it in the Constitution, and it can only conduct actions permitted by the Constitution. |
| Popular Sovereignty | The government is made by the people and exists to represent, protect, and serve them. |
| Republicanism | A system of government in the United States based on the concept of popular sovereignty and put into practice by the constitutional institutions and processes of representative government. |
| Individual Rights and Liberties | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights. No laws can be passed to take away those rights. |
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Separation of Powers
The United States Constitution is based on the principle of separation of powers, which divides the government's power among three branches: the legislative, the executive, and the judiciary. This principle, also known as the tripartite system of government, is derived from the text and structure of the Constitution and seeks to prevent arbitrary and oppressive government action by concentrating distinct governmental powers in a single entity.
The legislative power of the federal government is vested in Congress, which consists of a Senate and a House of Representatives. The executive power is vested in the President, and the judicial power is vested in the Supreme Court and any lower courts created by Congress. Each branch has its own powers and responsibilities, as described in separate Articles of the Constitution, making each branch equal to the others.
The Framers of the Constitution, influenced by their experience with the British monarchy, believed that separating the powers of the government would preserve individual liberty and prevent tyranny. They were aware of the potential for one branch to aggrandize its power by attempting to exercise powers assigned to another branch, so they incorporated checks and balances into the Constitution to allow each branch to exercise control over the actions of the other two.
The system of checks and balances includes mechanisms such as the presidential veto, which allows the President to defend their priorities and prevent congressional overreach, and the Senate's role in appointments and treaties, which provides a check on the President's power. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation, and they can check the other two branches through judicial review. Congress has the authority to root out corruption and abuse of power in the other branches through its impeachment power.
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Federalism
The legislative branch makes the laws, the executive branch enforces them, and the judicial branch interprets them. Each branch has checks on the others to ensure that they function within their designated powers and that responsibilities are balanced. This system of checks and balances is essential to maintaining the delicate equilibrium between the state and federal governments, which is a defining characteristic of Federalism.
The Constitution grants specific powers to each branch of the federal government, with the legislative branch consisting of Congress, the executive branch consisting of the President, and the judicial branch consisting of the Supreme Court and lower federal courts. The federal government, as established by the Constitution, has authority over certain areas, such as national defence, foreign policy, interstate commerce, and currency, while the state governments retain power in other areas, including local law enforcement, education, and public welfare.
The division of powers between the federal and state governments is not always clear-cut, and there may be areas of overlap or contention. In such cases, the federal government generally takes precedence due to the Supremacy Clause of the Constitution, which establishes it as the "supreme Law of the Land." However, the Tenth Amendment to the Constitution reserves powers not delegated to the federal government for the states, ensuring that the states maintain a degree of autonomy and self-governance. This delicate balance of powers between the federal and state governments is at the heart of Federalism and is essential to maintaining a strong and stable constitutional government in the United States.
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Limited Government
One of the seven key principles of the US Constitution is limited government. This principle is based on the idea that the government should only have the powers specifically granted to it by the Constitution and should only be able to take actions permitted by the Constitution. In other words, the government's power is limited by the law.
The US Constitution establishes a federal government consisting of three branches: the legislative, executive, and judicial branches. Each branch has its own powers and responsibilities, including overseeing the other branches. This separation of powers is a key aspect of limited government, as it prevents any one branch or individual from having too much power. The legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws.
The framers of the Constitution intended for governmental power to be divided in this way to ensure that no person or group could abuse their powers. Each branch "checks" the others to make sure they are functioning within their given powers and that responsibilities are balanced. This system of checks and balances helps to maintain limited government by holding government leaders accountable to the law and preventing them from exceeding their authority.
The principle of limited government is also reflected in the idea that power ultimately originates with the people. The framers of the Constitution believed that citizens should have a voice in the government and that elected representatives are responsible to the citizens they serve. This concept is known as popular sovereignty and further reinforces the idea of limited government, as it means that the government's power is derived from the people and can be exercised by the people through voting and other means of political participation.
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Popular Sovereignty
The concept of popular sovereignty was a departure from the monarchical forms of government in Europe, where sovereignty was vested in a single person, such as King George III in the case of the American Revolution. The American revolutionaries sought to replace this system with one based on collective sovereignty, where the people were sovereign. This commitment to popular sovereignty was underpinned by the belief in the consent of the governed, which had intellectual roots in 17th- and 18th-century English history.
The idea of popular sovereignty is not new and can be traced back to the social contract school of thought represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Benjamin Franklin also expressed this concept when he wrote, "In free governments, the rulers are the servants and the people their superiors and sovereigns." Marsilius of Padua advocated for a form of republicanism that viewed the people as the only legitimate source of political authority.
In the context of American history, the doctrine of popular sovereignty was particularly emphasised before the Civil War. Political scientist Donald S. Lutz noted the variety of ways in which Americans interpreted and applied this doctrine. Popular sovereignty can be immediate, with people directly making laws, or mediated through elected representatives who are subject to recall. It can also be ultimate, with people having a negative or veto power over legislation.
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Republicanism
The framers of the Constitution believed in the importance of citizen participation and wanted to ensure that the government was accountable to the people. They established a system where citizens have the right to vote for their representatives, including members of Congress, the President, Vice President, and certain judges. These elected officials are responsible for governing according to the law and are bound by the Constitution and national law.
A key aspect of republicanism in the US Constitution is the separation of powers. The Constitution divides governmental power 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 and is given certain powers, with no single individual or group having too much power. This system of checks and balances helps to prevent abuse of power and ensures that the government remains accountable to the people.
The principle of republicanism in the US Constitution also emphasizes the protection of citizens' basic rights, freedoms, and liberties. The Bill of Rights guarantees these rights, and no laws can be passed to take them away. This idea was also expressed in the Declaration of Independence, which states that all men are created equal and endowed with certain unalienable Rights, including Life, Liberty, and the pursuit of Happiness.
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