3.4 Principles Underlying the Constitution

1. 3.4 Principles Underlying the Constitution

2. Major Principles of Government • Article IV of the Constitution guarantees the American people “a Republican Form of Government.”

3. Major Principles of Government • In a representative democracy, the power belongs to the people, who express their will through elected representatives

4. Popular Sovereignty • The idea that the power of government lies with the people is called popular sovereignty; under the Constitution, the will of the people is expressed most strongly through elections POPULAR= People SOVEREIGNTY= Right to rule

5. Rule of Law • The Constitution includes the principle of limited government, government can do only what the people allow it to do • Under the Constitution, the government is also limited by the rule of law, this means the law applies to everyone, no one may break the law or escape its reach

6. Separation of Powers • To protect against abuse of power, the Framers divided the federal government into three branches, each with different functions

7. Separation of Powers • French philosopher Baron de Montesquieu believed the best way to safeguard the liberty of the people was to separate the legislative, executive, and judicial functions of government and assign each to a separate branch • This division of authority is called separation of powers

8. Checks and Balances • To prevent any of the three branches from becoming too powerful, the Framers also included a system of checks and balances; under this system each branch is able to check, or limit, the power of the others

10. Federalism • Under federalism, power is shared by the national government and states, each level of government has independent authority over people at the same time • Americans must obey both federal and state laws

11. Three Types of Powers • Expressed Powers (Enumerated Powers)= powers specifically granted to the national government by the Constitution

12. Three Types of Powers • Reserved Powers= powers the Constitution does not give to the national government are kept by the states

13. Three Types of Powers 3.Concurrent Powers = powers shared by the states and the national government

15. The Supremacy Clause • Found in Article VI the supremacy clause states that the Constitution and other laws and treaties made by the national government “shall be the supreme Law of the Land”

16. The Supremacy Clause • Because the Constitution is the highest law, the national government and states are not supposed to act in violation of it