Creating the Constitution USHC 1.5

Limited government The idea that the government must be controlled so that it cannot infringe upon the rights of the people. The US Constitution limits the power of the national government to protect these rights.

Where does power come from? The fundamental principle of democracy is that the government derives its power from the consent of the governed. Under Articles of Confederation- sovereignty (power) lies with the states. Under Constitution- the authority to govern derives not from the states but from the people. Ex. “We the People…….do ordain and establish this Constitution.”

Based on the principle of republicanism American ‘Democracy’ Was not an democracy at its inception because it did not recognize the right to vote of several classes of people. It did recognize that the ultimate governing authority rested with the voters. Based on the principle of republicanism

Voters elect the members of the House of Representatives American Republic Voters were to be represented by elected legislators who would make decisions in the interests of the voters. Voters elect the members of the House of Representatives

American Republic Fear- the Framers feared the ‘uncontrolled will of the people’ Indirect elections of Senators and the electoral college were used to ‘buffer’ the impact of the popular will on the election of the president. The national judiciary is not elected but appointed by the chief executive and confirmed by the Senate.

Other powers are reserved to the state The Constitution The principle of federalism limits the power of the national government by only delegating it some powers. Other powers are reserved to the state Some are shared by state and national government Some powers still reside with the people.

Divided power The power of the national government is limited by the separation of powers. The executive The legislative The judiciary The legislative is further divided into two houses: The House of Representatives The Senate

The limited three branches The house of representatives has the exclusive power to initiate tax laws because they were ‘closest’ to the people. Checks and Balances further ensured that the power of each branch was limited by a competing power of another. EX. 1- The legislature has exclusive power to create laws, but the president can veto them. EX 2- The legislature can override a veto with a supermajority vote.

The limited three branches (cont.) EX 3- The executive branch has powers to make treaties with foreign governments, but only the Senate can ratify these treaties. Ex 4- Members of the judiciary and the chief executive can be removed from office with an impeachment procedure carried out by the legislature.

Bill of Rights The first ten amendments of the Constitution. These were promised by the Federalists during the ratification process. These limited the national government from infringing on the rights of the people. Included are: Right to freedom of the speech, religion, assembly and the press Protections against unfair trials and unreasonable search and seizure. Right to bear arms