5 BASIC PRINCIPLES of the U.S. Constitution

Unit 1-A

popular sovereigntyDefinition

A government designed with the legitimate power resting in the people. The people are the “sovereign” instead of the monarch or other individual. Historical Context

Jefferson approved of this in the Declaration of Independence with his statement “government derives its powers from the consent of the governed”

Federalist #39

14th, 15th, 19th, 26th Amendments

Popular Sovereignty is a theory; it does not describe or reflect political reality. A democratic, republican system needed to be created to allow for popular sovereignty to become a reality.

popular sovereigntyImportance in Our Government

Serves as the “voice of the people”

Popular sovereignty was used to create our state constitutions, and ultimately our local government system

Allows for many local issues to be addressed at the local levelExamples of the Principle in Action

Varying examples of state changes to the public worker system. Ohio repealed SB5; Wisconsin failed to recall Governor.

limited government Definition

Since the power is in the hands of the “sovereign”, the people, the government is only allowed to do what the people give it the power to do. The Constitution was written to make clear what these limits were to government power Historical Context Jefferson describes “just powers” in the Declaration of Independence within his statement about the government’s power being derived from the consent of the governed.

Federalist #44

1st & 11th Amendments

“We the People” in the Preamble makes it clear the government exists because the people say it does; therefore all power, and the limits to it, come from the people. THE PEOPLE GIVE THE GOVERNMENT TO RIGHT TO DO WHAT IT DOES

limited governmentImportance in our Government

A limited government allows for individual liberties. One slogan even states “Limited for Liberty”. This idea expands on popular sovereignty, allowing maximum “voice of the people”, with support of a limited government

Example of the Principle in Action

Eminent Domain Cases

Separation of powers Definition

Creation of a government with different levels, each holding different powers. The ultimate goal: create a government where the majority could not rule with absolute authority Historical Context Based on the writings of Montesquieu

Articles I, II & II of the Constitution establish the 3 branches

Federalist #47

Created to maximize freedoms, not efficiency

separation of powers Importance in our Government

Forces a complementary system where all parts must work together to get things done for the whole. Also allows for the adversary model to emerge, allowing an agreeable compromise to emerge. It also prevents any one branch of assuming absolute control or power within the government. Example of the Principle in Action

National budget approvals, Supreme Court nominations

http://www.youtube.com/watch?v=pyqEAPYnhjk

Checks and balancesDefinition

A system of checks and balances require cooperation from 2 branches to see action taken on certain issues. Some of those are appointments, declaration of war, budget creation and approval. Yet another safeguard against one party taking total control of the government.

Historical Context Based on the writings of Montesquieu

Federalist #51

Articles I, II & II of the Constitution establishes the powers, including checks & balances, between the 3 branches

Created out of fears of tyranny and absolute rule

checks and balances Importance in our Government

Allows for freedom of domination by any one party or ideology. It requires our government to work together and forge a compromise to some of societies toughest issues.

Example of the Principle in Action

Recent national budget issues

http://www.youtube.com/watch?v=aO1zrnR6q7g&feature=relmfu

federalism Definition

A system with power divided between the national and state governments. While the separation of powers divides the government powers laterally, federalism divides the powers vertically. Supremacy clause states the Constitution, and Federal Law, are the supreme law of the land; and all laws made at the state and local level must conform. Historical Context

10th amendment

Federalist #45

Again, fear of a government with total control

federalism Importance in our Government

Provides for checks and balances between the Federal and State levels. It also allows for the extension of popular sovereignty by allowing local governments to retain control over their affairs

Example of the Principle in Action

Medical marijuana laws

http://www.youtube.com/watch?v=WQMZ2PT7kr0&feature=relatedhttp://www.youtube.com/watch?v=auV0Aj73Qy0&feature=relmfu