Eleanor Finch
The US Constitution is based on several key principles that uphold individual rights and liberties, while also establishing a strong central government. The first of these principles is the separation of powers, which divides the government into three independent branches: the legislative, executive, and judicial. Each branch has its own responsibilities and powers, with the legislative making laws, the executive enforcing them, and the judicial interpreting them. The second principle is that of checks and balances, which ensures that these three branches can oversee each other and prevent any one branch from abusing its power. The third principle is federalism, which divides power between the national and state governments, with authority balanced between the two. The fourth principle is popular sovereignty, which holds that power originates with the people, who can exercise it through their elected representatives. These four principles, along with several others, form the foundation of the US Constitution and its system of government.
| Characteristics | Values |
|---|---|
| Separation of Powers | The three branches of government (executive, legislative, and judicial) are separate, with their own personnel and shared powers. |
| Checks and Balances | Each branch can oversee the others, and they operate as checks and balances on each other's power. |
| Federalism | Power is shared between national and state governments, with authority balanced between them. |
| Limited Government | The federal government's size and scope are limited to what is necessary for the common good. |
| Popular Sovereignty | Power originates with the people, who elect representatives to govern according to the law. |
| Republicanism | A system of government based on popular sovereignty, with elected representatives and a strong central government. |
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What You'll Learn
Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative, executive, and judicial branches. The legislative branch makes the laws, the executive branch enforces them, and the judicial branch interprets them.
The Framers of the Constitution structured the government in this way to prevent one branch from becoming too powerful and to create a system of checks and balances. This was to prevent the tyranny they had experienced under the British monarchy, where distinct governmental powers were concentrated in a single entity.
Each branch has its own authority and responsibilities, with the legislative power vested in Congress, the executive power in the President, and the judicial power in the Supreme Court and any lower courts created by Congress. The branches are separate but interdependent, with each branch overseeing the others and having the power to resist encroachments by the others.
The Supreme Court has played a role in maintaining the separation of powers. For example, in Clinton v. City of New York (1998), the Court held that Congress could not delegate a "line-item veto" to the President. In Youngstown Sheet & Tube Co. v. Sawyer (1952), the Court ruled that the President could not usurp the lawmaking powers of Congress by issuing an executive order.
The separation of powers is a fundamental way of balancing power in the US government, ensuring that one part of the government does not overpower another and that the branches work together interdependently to govern effectively.
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Checks and balances
One of the key principles of the US Constitution is checks and balances, which is closely linked to the separation of powers. The US Constitution divides the national government into three independent and co-equal branches: the legislative, the executive, and the judiciary. Each branch has its own unique functions and responsibilities, but they also share powers, which is where the concept of checks and balances comes into play.
The legislative branch, composed of Congress, is responsible for making laws. The executive branch, led by the President, enforces these laws, while the judicial branch, made up of the federal courts, interprets them. However, the powers of these branches overlap, allowing them to serve as checks on each other. For example, the legislative branch can check the executive branch through its power to confirm presidential appointments and override presidential vetoes. Similarly, the executive branch can check the legislative branch by vetoing its legislation.
The judicial branch also plays a crucial role in checks and balances. It can declare actions of the executive branch, including the President, unconstitutional through judicial review. This power ensures that the President and other members of the executive branch remain accountable to the Constitution and the law. Additionally, the impeachment process, which falls under the legislative branch's purview, serves as a check on the executive branch, allowing for the removal of officials who abuse their powers or commit impeachable offences.
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Federalism
The US Constitution establishes a federal government with powers separate from those of the states. The federal government, as a central national authority, has powers outlined in the Constitution and can only take actions permitted by it. This is to ensure that the federal government is limited to that which is necessary for the common good of the people.
The Constitution divides power between the national and state governments, with the federal government responsible for national issues and the state governments addressing local issues. The federal government has 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.
The state governments also have their own powers and responsibilities, which are separate from those of the federal government. The states can make their own laws and have their own systems of governance, which may include a governor, a state legislature, and a state court system.
The balance of power between the federal and state governments is a key feature of federalism, ensuring that neither level of government becomes too powerful. This system of checks and balances helps to protect individual rights and liberties, while still allowing for a strong central government that can work for the good of the nation.
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Limited government
One of the four principles of the US Constitution is limited government. This principle is based on the belief that power originates with the people and that citizens should be informed and exercise their power to make decisions that affect their lives and those of other Americans. The framers of the Constitution wanted to prevent the tyranny experienced under the British monarchy and ensure that no individual or group could abuse their powers.
The Constitution establishes a system of checks and balances, with three separate branches of government: the legislative, executive, and judicial. Each branch has its own responsibilities and oversees the others. This separation of powers promotes the concept of limited government by ensuring that law-making, law-executing, and law-enforcing functions are carried out by independent bodies.
The legislative branch makes the laws, the executive branch enforces them, and the judicial branch interprets them. The Constitution also outlines the powers and responsibilities of each branch, ensuring that the government can only conduct actions permitted by the Constitution. This limits the size and scope of the federal government to what is necessary for the common good of the people.
The principle of limited government also emphasizes that government leaders are not above the law and that their powers are limited by the law. The framers of the Constitution wanted national leaders to be bound by the Constitution and national law, ensuring that citizens' basic rights, freedoms, and liberties are protected. This includes the right to vote and have a voice in the government through elected representatives who are responsible to the citizens and must govern according to the law.
Overall, the principle of limited government in the US Constitution seeks to balance a strong central government that can work for the good of the nation while also protecting individual rights and liberties. It aims to prevent tyranny and abuse of power by ensuring that the government's powers are limited and that citizens ultimately hold the power.
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Popular sovereignty
The concept of popular sovereignty was first introduced in the Declaration of Independence of 1776, which states that legitimate governments are those "deriving their just Powers from the Consent of the Governed." This principle was further enshrined in the U.S. Constitution, particularly in its Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America."
Article VII of the Constitution required that nine states approve the proposed framework of government, reflecting the idea that the government is established by the free choice of the people. Additionally, Article V provides the means to amend the Constitution through elected representatives of the people, ensuring that the people have a direct or indirect role in shaping their government. The 17th Amendment, concerning the election of senators, and Article I, pertaining to the House of Representatives, also reflect the principle of popular sovereignty by requiring members of Congress to be elected directly by the people.
The recognition of popular sovereignty as a fundamental principle has significant implications for governance. It establishes that government leaders are not above the law and that their powers are limited by the law and the will of the people. This principle, expressed in the U.S. Constitution and other democratic frameworks, ensures that citizens have basic rights, freedoms, and liberties that cannot be taken away by legislative action. Popular sovereignty, as a cornerstone of democratic governance, empowers citizens and holds leaders accountable to those they serve.
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