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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