Isabella Carter
Constitutions are the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity, and commonly determine how that entity is governed. The U.S. Constitution is underpinned by six big ideas: limited government, republicanism, checks and balances, federalism, separation of powers, and popular sovereignty. These ideas are reflected in the seven articles of the U.S. Constitution, which describe the structure and operation of the government. The first three articles establish the three branches of government and their powers: legislative, executive, and judicial. Articles four through seven describe the relationship between the states and the Federal Government, establish the Constitution as supreme law, and outline amendment and ratification processes.
| Characteristics | Values |
|---|---|
| Limited government | Legislative branch has powers to tax, borrow money, raise armies, etc. |
| Republicanism | Legislative aspect is the most important |
| Checks and balances | Preventing any one branch from becoming dominant |
| Federalism | Defines relationship of states to the Federal Government |
| Separation of powers | Three branches of government: Legislative, Executive, and Judicial |
| Popular sovereignty | Defines the principles upon which the state is based |
Explore related products
What You'll Learn
Separation of powers
The separation of powers is a doctrine derived from the text and structure of the US Constitution. It divides the powers of the Federal Government into three branches: the legislative, executive, and judicial.
The legislative branch is responsible for making laws and is vested in Congress, which consists of the Senate and the House of Representatives. This branch holds powers such as the power to tax, borrow money, raise armies, and declare war.
The executive branch enforces the law and its power is vested in the President.
The judicial branch interprets the law and its power is vested in the Supreme Court and any lower courts created by Congress.
The separation of powers was designed to prevent a concentration of power in a single entity, which the Framers believed would lead to arbitrary and oppressive government action. By dividing the powers, the Framers intended to preserve individual liberty and create a system of checks and balances, ensuring that no one branch becomes dominant.
While the Constitution does not explicitly mention the term "separation of powers", it allocates each of the three core functions to a distinct branch. However, there is some overlap in the performance of government functions by the different branches. For example, Congress can write legislation to restrain executive officials, and the Supreme Court may exercise limited powers in certain cases.
The separation of powers is a fundamental aspect of the US government, ensuring that power is balanced and that no single branch becomes overpowering.
Dream Realized? The Constitution and Our Founders' Vision
You may want to see also
Checks and balances
One of the six characteristics or 'Big Ideas' of the US Constitution is checks and balances. This is a system that prevents any one of the three branches of government—the legislative, executive, and judicial—from becoming dominant.
The legislative branch, or Congress, is responsible for making laws. It is divided into two parts: the House of Representatives and the Senate. The legislative branch has various enumerated powers, including the power to tax, borrow money, raise armies, and declare war. The Necessary and Proper Clause, or Elastic Clause, has also allowed the national government to expand its powers into areas not anticipated by the Constitution's writers, such as forbidding child labor and establishing a minimum wage.
The executive branch is the office of the President. The President has the power, with the advice and consent of the Senate, to make treaties.
The judicial branch is the Federal court system. It interprets the laws and can strike them down if they are unconstitutional.
By dividing the government into these three branches, the US Constitution ensures that power is distributed and that no one branch or individual can gain too much control. Each branch serves as a check on the others, creating a system of balances that protects against the abuse of power.
Trump's Muslim Ban: Unconstitutional?
You may want to see also
Federalism
The legislative branch is further divided into two parts: the House of Representatives and the Senate. The number of seats in Congress allocated to each state was a point of contention during the drafting of the Constitution. The Virginia Plan proposed that the more populous states should have more seats in Congress, while the New Jersey Plan suggested retaining the scheme from the Articles of Confederation, with each state having one vote regardless of population.
The Constitution also includes a system of checks and balances to prevent any one branch or level of government from becoming too powerful. This system ensures that the federal government and the states have separate but balanced powers. Additionally, the Constitution establishes federal law as supreme over state and local laws. If a state law conflicts with a federal law, the federal law takes precedence.
The US Constitution also outlines the relationship between the states and the federal government, the process of amending the Constitution, and the ratification process. These provisions further define the federal structure of the US government and the distribution of powers between the national and state levels.
Compromises: Shaping the US Constitution
You may want to see also
Explore related products
Popular sovereignty
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial branches. Each branch has specific powers and responsibilities, which are outlined in the first three articles of the Constitution. The legislative branch, or Congress, is responsible for making laws and is divided into two houses: the House of Representatives and the Senate. The House of Representatives is intended to be the closest branch to the people, with members elected directly by the people to represent their interests.
The idea of popular sovereignty is also reflected in the Constitution's system of checks and balances, which prevents any one branch of government from becoming too powerful. This system ensures that the government remains accountable to the people and respects their rights and freedoms. The Constitution also establishes certain fundamental rights, such as freedom of speech, religion, and the press, which limit the power of the government over the people.
Additionally, the Constitution provides for the amendment process, which allows for changes to be made to the Constitution through a democratic process. This process involves a consensus or supermajority, with a higher threshold than the process for making laws, reflecting the importance and permanence of constitutional principles. Overall, the concept of popular sovereignty in the US Constitution ensures that the government is ultimately answerable to the people and derives its power from their consent.
Unlocking the Kelvin Constitution Class: A Guide
You may want to see also
Enumerated powers
The US Constitution is a written document that establishes the country's governing principles, structures, and processes. One of its key characteristics is the concept of "Enumerated Powers," which refers specifically to the powers granted to the legislative branch of the government, also known as Congress.
The inclusion of Enumerated Powers in the Constitution reflects the belief that the legislative branch of government holds supreme power. This idea was advocated by philosophers such as John Locke, who argued that the legislative branch was "the supreme power in every commonwealth." James Madison, in Federalist #51, wrote that "in republican government, the legislative authority necessarily predominates."
The Enumerated Powers of Congress are significant because they provide a clear framework for the legislative branch's authority. They establish the boundaries within which Congress can act, ensuring that its power is limited and balanced by the other branches of government, namely the executive and judicial branches. This system of checks and balances is a fundamental aspect of the US Constitution, preventing any one branch from becoming dominant.
Additionally, the Enumerated Powers include what is known as the Necessary and Proper Clause, or the Elastic Clause. This clause grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of the United States." The Elastic Clause has allowed the federal government to expand its powers beyond what was explicitly stated in the Constitution, enabling it to address issues such as child labor laws, maximum work hours, and minimum wage, which fall under the enumerated power to regulate interstate commerce.
Constitution Modifier: Impact on Health and Wellbeing
You may want to see also
