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Principles Underlying the Constitution
Unit 4,
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Opener: 12/13/17 Copy the definition and give a real world example
rule of law - the law applies to everyone, even those who govern. separation of powers - split of authority among the legislative, executive, and judicial branches Checks and balances - keeps any one branch from becoming too powerful. Each branch can check, or restrain, the power of the others.
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Popular Sovereignty The Framers had a common vision for the government: It should be representative of the people and limited in scope. Power should be divided among different levels. To achieve these ends, the Framers embraced five principles as the backbone of the Constitution: popular sovereignty, rule of law, separation of powers, checks and balances, and federalism.
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Popular Sovereignty (cont.)
Article IV guarantees a republic, in which supreme power belongs to the people (popular sovereignty). The people express their will through elected representatives. Provisions, such as those about the right to vote, ensure popular sovereignty.
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Rule of Law The Framers believed the government should be strong but not too strong. The Constitution sets limits by stating what government may and may not do. Government is also limited by the rule of law. This means that the law applies to everyone, even those who govern.
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Separation of Powers To keep any one person or group from becoming too powerful, the Framers divided government into three branches with different functions. This split of authority among the legislative, executive, and judicial branches is called the separation of powers.
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Checks and Balances Checks and balances keep any one branch from becoming too powerful. Each branch can check, or restrain, the power of the others. For example, the president can veto laws, Congress can block presidential appointments, and the Supreme Court can overturn laws it finds contrary to the Constitution.
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Federalism Under federalism, power is shared by the national government and the states. Americans must obey the laws of both. Enumerated or expressed powers are powers the Constitution specifically grants to the national government. Powers not given to the national government are reserved powers kept by the states. Powers that both levels of government can exercise are concurrent powers.
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Federalism (cont.) When national and state laws conflict, the Constitution is the final authority. Neither the national nor state governments may act in violation of the Constitution. The Constitution is both durable and adaptable. It provides the government sufficient power to keep order, protect, and defend, yet sets limits to avoid tyranny.
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