Download Underlying Principles of the Constitution

“Principles Underlying the
Constitution”
Our Government’s Purpose

Throughout our
constitutional
government there are
five underlying
principles, or goals, of
our government.
1. “Popular Sovereignty”
“Popular Sovereignty”
“Popular Sovereignty” is
the belief that the power
lies with the “people”
(right of the people to
rule)
 “We the People…”
 Power comes from the
“consent of the
governed”…

“Popular Sovereignty”
“Republic” is where the
“people” choose those to
represent their interests in
government.
 We have this form of
Representative Democracy
here. (Think of the Pledge of
Allegiance)
 The right of the people to
vote gives us the chance to
vote and choose our leaders.

2. “Rule of Law”
“Rule of Law”

Stemming back to the
Magna Carta and The
English Bill of Rights, our
Constitution believes that
the government should
have certain limits.
 The government is limited
by the law – and the LAW
applies to everyone!
Everyone is under the
law!!!
The “rule of law” protects citizens from
arbitrary abuses of government power.
 The rule of law impacts government
officials in the following ways:

– Accountability to the law
– Fair procedures
– Decisions based on the law
– Consistent application of the law
– Enforcement of the law
– Transparency of institutions (few
government secrets are legal)
What would a government look like that
operates under the rule of law? One that
doesn’t?
3. “Federalism”
“Federalism”

“Federalism” means that
the states and federal
gov’t share power. States
give up some of their
powers to the national
government.

National and state
governments share
powers – this limits the
power of the federal
government by giving
power to the states.
Powers are Divided
“Expressed” Powers

“Expressed” or
“enumerated” or
“delegated” Powers
are specifically given
to the federal
(national)
government only!
“Expressed” Powers

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“Necessary & Proper”
laws
Regulating trade
Conducting foreign
affairs
Raise & support armies
Coin or print money
Create postal system
Govern U.S. territories
Regulate immigration
“Reserved” Powers

“Reserved” Powers
are kept by the state
governments.

These are powers
that are NOT
specifically listed in
the Constitution.
“Reserved” Powers

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Provide for public
safety, health, welfare
within state
Regulate trade within
state
Create local
governments
Conduct elections
Establish public
school systems.
“Concurrent” Powers

“Concurrent”powers
are the powers that
the national
government shares
with the states.
“Concurrent” Powers


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Enforce the laws
Establish courts
Collect taxes
Borrow money
Provide for the
general welfare
Prisons
Roads
th
10
Amendment

Amendment 10 of the
Constitution…“The powers
not delegated to the United
States by the Constitution,
nor prohibited by it to the
States, are reserved to the
States respectively, or to
the people”

All powers not mentioned
in the Constitution return
to the states.
The FINAL Authority
Supreme Law of the Land
Article 6 of the Constitution: – the
Constitution is the final authority in all
matters!
Called the Supremacy Clause
4. “Separation of Powers”
“Separation of Powers”

Inspired by French
philosopher Baron de
Montesquieu.

He believed the best
way to protect the
rights of the “people”
is to clearly separate
the functions of
government. (3
names, 3 branches…)
“Separation of Powers”

The 3 “branches” of
government are:
– Legislative Branch – make the
laws
– Executive Branch – enforce the
laws
– Judicial Branch – interpret the
laws.
NO SINGLE “BRANCH” IS
MORE POWERFUL AS
POWERS ARE SEPARATE!
 Separation of Powers limits the
power of the government.

5. “Checks & Balances”
“Checks & Balances”

This process is used to keep
any one branch from
becoming too powerful.

Checks & Balances limits the
power of the government by
allowing the three branches
to “check” or block one
another’s powers.
“Checks & Balances”

The President can
appoint justices to
the Supreme Court
with Congress’
approval.
 The Senate can
“check” the
President by
approving or
rejecting
appointments.
“Checks & Balances”

The House can
impeach an official
for misconduct in
office if they commit
a wrongful act.

Impeach means to
formally ACCUSE!
“Checks & Balances”

The Supreme Court
can declare the laws
made by Congress
unconstitutional.
“Checks & Balances”