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Principles Underlying the Constitution

Principles Underlying the Constitution. There are five (5) fundamental principles or themes throughout the Constitution created in 1787. Those Foundation Principles. Popular Sovereignty Rule of Law Separation of Powers Checks and Balances Federalism. Articles IV (4).

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Principles Underlying the Constitution

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  1. Principles Underlying the Constitution There are five (5) fundamental principles or themes throughout the Constitution created in 1787.

  2. Those Foundation Principles • Popular Sovereignty • Rule of Law • Separation of Powers • Checks and Balances • Federalism

  3. Articles IV (4) • Constitution requires only that the states have a “Republican form of Govm’t” • Today: any representative govm’t headed by an elected president or similar • Past: any representative democracy where the people are the ultimate authority

  4. Popular Sovereignty • Power of govm’t lies with the people through voting • Declaration of Independence: says • Consent of the governed • Constitution says • “we the people” • Election of govm’t officials by the people: • 15, 19, 23 and 26 amendment grants power to vote

  5. Rule of Law • Govm’t needs to be strong but not too strong as to take rights away from the people • Power is limited by the constitution • Powers granted to govm’t’ article 1 section 8 1-17 • Limited powers to govm’t article 1 section 9 • Bill of rights: limits power • Law applies to everyone: nobody is above the law

  6. Limited Government • British ideal established by documents like: • Magna Carta and English Bill of Rights • Govm’t can do only what the people allow it to do by law • How can you stop the govm’t from doing what you don’t want it to do? • Health Care: how did the people stop this movement?

  7. Separation of Powers • Ideal created by Enlightenment Philosopher: Montesquieu • Protect against abuse of power by any branch by dividing power b/w the 3 branches of govm’t and giving each a specific power • Legislative branch: law making • Executive branch: enforcing law • Judicial branch: interpreting the law

  8. Checks & Balances • In order to prevent anyone branch from becoming too powerful the framers created a way for each branch to check the other branches power • Chart page 88 • _____________ impeaches the President • _____________ vetos legislation created by Congress • _____________ appoints the Judges & federal Justices at the federal level • _____________ declares acts/laws unconstitutional

  9. Federalism • Limits our govm’t by dividing the power b/w the state and federal (national) govm’t • It grants each level specific powers • Express/enumerated: federal/national powers (war & usps) • Reserved: states powers (schools) • Concurrent: both state and national have the power (taxes) • But the federal govm’t it supreme b/c of supremacy clause found in the constitution in article 6 “supreme law of the land” • Unique b/c this document can change with the times

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