The Fundamental Principles of the U.S. Constitution St. 3c (Chapter 3, Section 1)
6 Main Principles Principles the U.S. Constitution is based on Rule of Law Popular Sovereignty Limited Government Separation of Powers Checks & Balances Federalism Judicial Review The Constitution embodies these key principles along with describing the basic structure of government.
Principle #1: Rule of Law What is it? The principle that government and its officers must always obey the laws of the land. Origins This concept can be traced back to the Magna Carta of 1215.
Principle #2: Popular Sovereignty What is it? The Political principle that people are the source of all governmental power and that government requires the consent of the governed. People are the ONLY source for all governmental power. Examples The government rules through leaders elected by the people to represent the people. The Preamble of the Constitution says “We the People.”
Principle #3: Separation of Powers What is it? The Principle that each of the basic powers of government---executive, legislative, & judicial---- should all be used by an independent branch of government.
Principle #3: Separation of Powers The Constitution divides the government into 3 different branches Charles de Montesquieu Philosopher that created the idea of separation of powers
Principle #3: Separation of Powers The United States Constitution creates 3 branches of government. 3 Branches The Executive The President The Legislative Congress & Senate The Judicial Supreme Court & all other courts
Principle #4: Checks & Balances What is it? The system under which each branch of government can check, or limit, the actions of the other branches.
Principle #4: Checks & Balances Each branch can check the other branch. For example, the President can appoint Supreme Court Justices, but the Senate must confirm his choice. Congress can override a President veto of their legislation Through the “power of the purse” Congress can appropriate funds for government agencies & the militaries.
Principle #5: Federalism What is it? The Principle that political power should be divided between a central government and a number of regional governments. It is a compromise between an all powerful central government and an independent state government. Examples It corrected weaknesses in the Articles of Confederation without replacing them with a British-style monarchy. The Framers felt too much governmental power threatened liberty. Federalism helps prevent that power from being abused, by dividing governmental power.
#6 Limited Government What is it? Government may only do those things the people have given it the power to do. Government must obey the law Much of the Constitution spells out limits on the power of government
#6 Limited Government Limited Government John Locke wrote that people have certain inalienable rights; life, liberty, and property Government gets permission to exist from people People can alter or abolish government Heavily influenced Thomas Jefferson in his writing of the Declaration of Independence
Types of Government: Democracy A system of government in which people control the government. Political Authority rests with the people People living in a democracy have more freedom than under any other form of government. The concept of democracy originated in ancient Greece & Rome. Aristotle was a Greek Philosopher; he was one of the first philosophers of government.