Eleanor Finch
The US Constitution is founded on several key principles that uphold individual rights and liberties, while enabling a strong central government. The first of these principles is popular sovereignty, which holds that power originates with the citizens, who can exercise their power through voting. The second principle is federalism, which divides power between the national and state governments, with the federal government having specified powers such as coining money and maintaining troops. The third principle is the separation of powers, which divides governmental power into three branches: legislative, executive, and judicial, with each branch having distinct responsibilities and the ability to block actions by another branch. The fourth principle is checks and balances, which encourages bipartisanship and compromise between the branches of government. The final principle is limited government, which ensures that the government only has the powers granted to it by the Constitution and that citizens' basic rights and liberties are protected.
| Characteristics | Values |
|---|---|
| Checks and Balances | The power for one branch of the government to block action by an equal branch |
| Federalism | A system of constitutional government in which power is divided into layers with several states on one level and a federal government on another |
| Limited Government | The government only has the powers granted to it in the Constitution and can only take actions permitted by it |
| Popular Sovereignty | The government is made by the people and exists to represent, protect, and serve them |
| Republicanism | A form of government where power is shared between national and state governments |
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Checks and balances
The US Constitution features an intricate system of checks and balances, which is designed to ensure that no individual, group, or branch of government can accumulate too much power. This system is a response to the tyranny experienced under the British monarchy, and it is intended to protect individual rights and liberties.
The Constitution divides the government into three branches: the legislative, executive, and judicial. Each branch has specific powers and responsibilities, and they work together to check and balance each other's influence. For example, the legislative branch makes laws, but the executive branch, led by the President, can veto those laws. The legislative branch can, however, override the presidential veto with enough votes. Similarly, the judicial branch can declare laws made by the legislative branch, or executive orders from the executive branch, unconstitutional.
The President, as the head of the executive branch, has the power to nominate Supreme Court justices, court of appeals judges, and district court judges. However, these nominations must be confirmed by the Senate, which is part of the legislative branch. In turn, Congress, which includes the Senate, can impeach and remove judges from office.
The system of checks and balances also applies to the creation and enforcement of laws. While the legislative branch makes laws, the executive branch enforces them through federal agencies and departments. These agencies have a wide range of responsibilities, from environmental protection to border control.
The framers of the Constitution, including James Madison, believed that this system of checks and balances would prevent the abuse of power and promote good governance. Madison, in Federalist No. 47, referenced the political theorist Baron Charles de Montesquieu, who wrote about the separation of powers concept almost 100 years before the US Constitution was drafted. Madison's model, now known as the "Madisonian Model", recognized the deeply rooted human desire for power and influence. By harnessing this ambition and combining it with good judgment and a commitment to constitutional republicanism, Madison believed that the accumulation of power could be prevented, and the public good could be advanced.
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Federalism
The Framers of the Constitution wanted to create a strong national government, but also wanted to enable state governments to address local issues. They sought to preserve liberty by diffusing power, and so they developed the system of federalism, which allows for national power with some uniformity, while preserving state and local self-government.
The Tenth Amendment of the Bill of Rights is important for securing federalism as it ensures that the states retain all powers not granted to the national government. The Supreme Court has frequently invoked this amendment when determining that Congress has exceeded its constitutional powers and infringed upon state sovereignty.
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Limited government
The principle of limited government is a key feature of the US Constitution. The framers of the Constitution were concerned about preventing government overreach and the potential for abuse of power. As such, they designed a system of government that would limit the power of the federal government and prevent centralized control. This was intended to safeguard individual liberties and rights.
The US Constitution, written in 1787, established a system of checks and balances, with a separation of powers between the legislative, executive, and judicial branches. Each branch has specific responsibilities and can block the actions of another branch. This makes it difficult for any single person or group to gain complete control over the government. The Constitution also outlines the powers granted to the government, restricting it to only those specifically named and enumerated powers. This ensures that the government cannot act arbitrarily or exceed its mandate.
The concept of limited government is not unique to the US. It has its roots in the classical liberal tradition of Europe, emphasizing individual rights over monarchical and theocratic power. The Magna Carta, drafted in 1215, is an early example of limited government, as it restricted the power of the English king by granting rights to the nobility.
While the principle of limited government was widely supported in the US for over a century, this changed during the 1930s with President Franklin D. Roosevelt's New Deal agenda. The expansion of federal government powers to address the Great Depression led to a shift in attitudes, especially among liberal activists who wanted the government to play a larger role in society. This expansion has continued, and today's federal government, with its numerous administrative agencies, deviates significantly from the original principle of limited government envisioned by the framers of the Constitution.
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Popular sovereignty
In the context of the US Constitution, popular sovereignty means that the people are the source of all political power and legitimacy. The framers of the Constitution believed that power originates with citizens, who can exercise that power to make decisions affecting their lives and those of other Americans. This principle was a response to the tyranny experienced under the British monarchy, and it aimed to prevent the abuse of power by any individual or group.
The idea of popular sovereignty in the US Constitution is expressed in several ways. Firstly, it is immediate, with the people directly making laws or mediating through elected representatives. Secondly, it is ultimate, as the people have the power to veto or block legislation. This principle is reflected in the Constitution's Preamble, which emphasises that the government is created by the people and exists to represent, protect, and serve them.
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Republicanism
The principle of Republicanism refers to the core values that citizenry in a republic have or ought to have. These values include liberty and inalienable individual rights, recognising the sovereignty of the people as the source of all authority in law, rejecting monarchy, aristocracy, and hereditary political power, virtue and faithfulness in the performance of civic duties, and the vilification of corruption.
The framers of the Constitution wanted to create a strong national government, while also enabling state governments to address local issues. This form of government is one where power is shared between the national and state governments, with governmental power separated into three branches: legislative, executive, and judicial. Each branch has its own responsibilities, including overseeing the other branches, to ensure that no person or group could abuse their powers.
The US Constitution guarantees the right of the people to choose their own officers for governmental administration and pass their own laws through representative bodies. This is based on the belief that the people are the source of all political power, and that the exercise of governmental powers immediately by the people is impracticable.
The Founding Fathers wanted republicanism, with military service seen as an important demonstration of patriotism and an essential component of citizenship. This was influenced by the history of liberty in England and the "country party", which opposed the "court party" in power.
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