Download Chapter 3 Section 4

Chapter 3 Section 4
Principles Underlying the Constitution
Popular Sovereignty
- There were many disagreements among
the delegates were present during the
Constitutional Convention
- One common vision
o How the government should operate
 It should be
 Representative of the people
 Limited in scope
o To achieve this the
founders agreed on 5
fundamental principles
o 1. popular sovereignty
o 2. rule of law
o 3. separation of powers
o 4. checks and balances
o 5. federalism
o The government was to be a republic
 A type of representative
democracy
 Supreme power belongs to the
people
 Power through voting for the
person or people who will
represent them.
 The leader is elected by the
people and does not inherit the
position
 POPULAR SOVEREIGNTY
o Government draws their
power from “the consent
of the governed”
 “We the People…”
o Provisions that insure this
 Right to vote
 The electoral college
 Regularly scheduled
elections
 Hold the elected
government
officials
accountable
RULE OF LAW
- Framers of the government wanted it to be
strong – but not too strong
- What the federal and state governments
may and may not do is specified in Article
I.
o The government may not spend $
without approval of Congress.
- **Rule of law**
o The law applies to everyone, even
those who govern
SEPARATION OF POWERS
- Dividing the government into 3 branches
o Protects against the possibility of one
group gaining too much power
 Idea of Baron de Montesquieu
 Separate the legislative,
executive and judicial branches
-
CHECKS AND BALANCES
- Designed to keep any one branch from
becoming too powerful
o Each branch can check or restrain the
powers of the other two.
o
President can veto bills
 Congress can block
presidential appointments and
treaties
 Congress can impeach and
remove the president
 Supreme Court can overturn
laws passed by Congress and
executive policies it finds
contrary to the Constitution
FEDERALISM
- Section 3
- Power is shared by the national and state
governments
o Americans must obey both state and
federal laws
- Dividing powers
o Article I gives congress exclusive
powers over some issues
 Known as ‘expressed powers’
 Aka “enumerated powers”
 Coining money
 Making treaties
 Declaring war
o Not allowed by any of the
individual states
o
 Specific state powers are known
as ‘reserved powers’
 Chart pg 92
 Regulating trade within state
borders
 Making rules for marriage,
divorce, driving etc.
 Some powers are shared by both
the federal and state governments
and are known as ‘concurrent
powers”
 Chart pg 92
THE SUPREMACY CLAUSE
- Article VI
- All laws and treaties made by the national
government “shall be the supreme law of the
land”
- The Constitution is the highest law of the
land
- No laws, national or state, may do anything
that goes against the Constitution or federal law
“I am persuaded no Constitution was ever before
so well calculated as ours for … self
government” – Thomas Jefferson
The Constitution is durable and adaptable
- It can change with the times if necessary
- Ensures government restraint as well as
power
*** The Constitution gives our chosen
representatives enough power to defend our
country’s freedom, keep order, and protect
individual’s rights***
*** At the same time, it sets limits so that
Americans need ever fear tyranny.***
Section 4 Assessment pg 93