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UNIT 4: How Have the Values and Principles Embodied in the Constitution Shaped American Institutions and Practices?
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PRINCIPLES Popular sovereignty Natural rights Limited government Political equality Rule of law
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VALUES: Federalist #37 Liberty Energy Stability
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LIBERTY Demands all power be “dependent on the people” Requires trust in many, not few, hands
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ENERGY Requires certain duration of power Calls for execution by a “single hand”
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STABILITY Requires power to continue for a length of time Requires “barrier to the encroachments and oppressions of the representative body” (judicial function) (#78)
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Consequence... Large representative bodies/committees Single executive Plural administrative agencies Multiple-judge appellate courts
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Constitutional Challenges “Mingling” liberty, energy, stability in their “due proportions” in national government Marking “proper line of partition” between national and state governments
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Unit 4: Are liberty, energy and stability “properly mingled” today? Do the legislative, executive and judicial departments control each other through separation of powers/checks & balances? Do the different governments (state and national) control each other?
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National level Does theory of Federalist #51 work? –Are “interest(s) of the man...connected to the constitutional rights of the place”? Impact of political parties? Presidential “displacement” of Congress? “Imperial” courts? –Has the “extended republic” become too big?
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Federalism Do state governments provide “security...to the rights of the people”?
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LibertyEnergyStability Congress President Bureaucracy Courts States
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