Malcolm Rivera
The US Constitution is founded on seven principles that work together to protect individual rights and liberties, while maintaining a strong central government that can act in the interests of the nation. These principles are: limited government, popular sovereignty, republicanism, federalism, separation of powers, checks and balances, and individual rights. They are located in the language of the Constitution, and are also reflected in political cartoons.
| Characteristics | Values |
|---|---|
| Limited Government | The government can only exercise the powers granted to it in the Constitution and take actions permitted by it |
| Popular Sovereignty | The government is made by the people and exists to represent, protect, and serve them |
| Republicanism | A system of government based on popular sovereignty and put into practice by the institutions and processes of representative government |
| Federalism | A system of government where power is divided into layers with several states on one level and a federal government on another, with authority balanced between the two |
| Separation of Powers | The Constitution keeps the three branches of government (executive, legislative, and judicial) separate, with each branch having equal powers and responsibilities |
| Checks and Balances | N/A |
| Individual Rights | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights |
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Popular sovereignty
The Declaration of Independence of 1776 states that legitimate governments derive their power from the "consent of the governed", and the framers of the Constitution affirmed this principle in the document's preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America." This preamble introduces the type of government the Founders were creating, one that is made by the people and for the people.
The principle of popular sovereignty is further emphasised in Article VII, which details the ratification process of the Constitution. This article highlights the role of representatives chosen by the people of the American states to approve the proposed framework of government before it could become the supreme law of the land.
In summary, popular sovereignty is a fundamental concept in the US Constitution, recognising that the government's power and authority are derived from the people and that it exists to serve their interests. This principle is reflected in various parts of the Constitution, including the preamble, Articles I, VI, and VII, and the 17th Amendment, all of which emphasise the important role of citizen participation and consent in the functioning of the US government.
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Republicanism
At its core, republicanism in the US context is about recognising the sovereignty of the people as the source of all authority in law. It entails rejecting monarchy, aristocracy, and hereditary political power, and upholding the liberty and inalienable rights of individuals. The Founding Fathers embraced republicanism, viewing it as a safeguard against "majority tyranny" and a means to secure the inalienable rights of life, liberty, and the pursuit of happiness.
The principle of Republicanism should not be confused with the Republican Party. It entails a form of government where power is shared between the national and state governments, with a strong national government capable of addressing national concerns, while enabling state governments to address local issues. This federal system, as outlined in the Constitution, establishes a balance of power between the state and federal levels.
The framers of the Constitution intended for governmental power to be separated into three branches: the legislative, executive, and judicial. Each branch has distinct powers and responsibilities, outlined in separate Articles of the Constitution, ensuring that no single branch dominates the others. This separation of powers, along with the system of checks and balances, is integral to the principle of Republicanism, preventing the concentration of power and protecting the rights and liberties of citizens.
In summary, Republicanism, as one of the seven principles of the US Constitution, embodies the values of popular sovereignty, representative government, and the rejection of monarchy and hereditary power. It establishes a federal system with a balance of power between national and state governments and a separation of powers among the legislative, executive, and judicial branches. These mechanisms safeguard against tyranny and protect the liberties and rights of individuals, which lie at the heart of the Republican principle.
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Federalism
The Framers of the Constitution sought to establish a unified national government with limited powers, while also maintaining a distinct sphere of autonomy for state governments to exercise their general police powers. Federalism, as a principle, ensures that power is divided into layers, with several states on one level and a federal government on another, with authority balanced between the two.
The Supreme Court has frequently invoked constitutional provisions to determine whether Congress has exceeded its powers and infringed upon state sovereignty. The Tenth Amendment, for example, reserves for the states or the people any powers not explicitly granted to the federal government by the Constitution. This has been used as a "shield and sword" to prevent federal encroachment on state powers.
However, the exact boundaries between federal and state powers are not clearly delineated in the Constitution, and judges and scholars disagree on how the principles of federalism should be realized. Some scholars argue that the judiciary should enforce the interests of the states against the federal government, while others believe that these questions should be left to the political process.
The interpretation and application of federalism have also evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. The New Deal era, in particular, marked a significant expansion of federal power, which later courts attempted to curtail through various strategies to preserve state autonomy.
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Separation of powers
The seven principles of the US Constitution are: checks and balances, federalism, limited government, popular sovereignty, republicanism, and separation of powers. The seventh principle, which is the focus of this response, is the separation of powers.
The separation of powers is a well-known concept derived from the text and structure of the US Constitution. The Constitution keeps the three branches of government (executive, legislative, and judicial) separate. The powers and responsibilities of each branch are described in separate Articles. This separation makes each branch equal to the others.
The Framers of the Constitution had experienced the British monarchy, and they believed that concentrating distinct governmental powers in a single entity would subject the nation's people to arbitrary and oppressive government action. They had just won a war against the British and their powerful central government. The structure they devised created a federal government that could govern the country effectively.
The separation of powers doctrine protects the life, liberty, and pursuit of happiness promised to citizens. It is also the key to the US government and a reason why so many countries have based their constitutions on the US Constitution. No single branch of government has all the political power, nor does one have absolute power over the others.
The Supreme Court has also raised concerns about the judiciary encroaching on the legislative or executive spheres where a litigant asks the courts to recognize an implied cause of action. For example, in Marbury v. Madison, the Supreme Court interpreted Article VI's establishment of the Constitution as being superior to other federal law to forbid Congress from exercising its legislative power in a manner inconsistent with the nation's founding document.
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Checks and balances
The US Constitution established a foundation for a government based on seven principles, including checks and balances, which work together to protect individual rights and liberties. Checks and balances are fundamental elements of constitutional democracy that prevent the unconstrained exercise of power by any one branch or individual.
The US Constitution divided the government into three branches: legislative, executive, and judicial. Each branch has specific powers and responsibilities described in separate Articles, and no single branch can control too much power. For example, the legislative branch makes laws, but the executive branch can veto those laws, and the judicial branch can declare those laws unconstitutional.
The executive branch has a particularly important role in safeguarding checks and balances by engaging with parliamentary scrutiny, behaving appropriately towards the courts and the civil service, and respecting regulators. MPs should encourage the government to fulfil this role.
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