Terms
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Separation of Powers (in regards to US Gov't)
Legislative Branch vested Executive Branch President Impeachment Veto Judicial Branch Judicial Review |
Express Powers
Implied Powers Popular Sovereignty Article VII (7) Article V (5) Republicansm Article IV (4), Sec 4 Federalism Delegated Powers Reserved Powers |
Concurrent Powers
10th Amendment Full Faith & Credit Clause Necessary & Proper Clause Checks & Balances (related to gov't) Individual Rights 1st Amendment 2nd Amendment 4th Amendment 5th Amendment Origins of Limited Government |
Assignments
The 7 Principles of the U.S. Constitution
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1. Separation of Powers
2. Popular Sovereignty or Consent of the Governed 3. Republicanism 4. Federalism 5. Checks & Balances 6. Individual Rights 7. Limited Government |
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Separation of Powers
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The Federal government is divided into 3 branches: Executive, Legislative, and Judicial. This principle will prevent anyone branch from becoming to too powerful, which SHOULD avoid the country turning towards tyranny.
James Madison knew that a key challenge of maintaining just government was framing it in such a way that the government would be forced to control itself. How does a system of separated powers—and the checks and balances built into those separated powers—preserve liberty? |
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“It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”
-James Madison, Federalist Papers, #51
-James Madison, Federalist Papers, #51
Baron de Montesquieu
"Regular English" of what Madison is saying: The fact that we need government in order to control or supervise those that are being governed (the people), is a reflection that people are not perfect. He's also saying that since the Constitution was created by man, it's not going to be perfect. He said that the big question or problem sometimes is how do you create something that is meant to govern, but limit it to where it cannot become too powerful by creating a system in which the government not only governs the people but it also limits its own power, sort of an insurance policy to make sure that it will never become a tyrannical government. In the last sentence he was talking about "auxiliary precaustions," which means a system of checks and balances. This idea of the separation of powers was borrowed heavily by the framers from Baron de Montesquieu who believed it was fundamental to a successful government.
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In the legislative branch, Congress is the only one that may legislate, or create laws. Congress cannot give those powers to another group or branch. It is also vested (given) some power in making sure that the executive branch is maintaining certain "standards" or following a certain set of rules, such as being, just and reasonable, and working for the "public interest." If it is deemed that the executive branch is not fulfilling it's duties under these standards than steps may be taken to remove the chief (president) of the executive branch.
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Almost all of the executive powers were/are in the President of the U.S. The President is the Commander in Chief of the Army, Navy, and state militias when called upon for federal service. He/She has the power to make treaties and appointments to office, "with the advice and Consent of the Senate," (this is def a check and balance thing), he can receive Ambassadors and Public Ministers, and "take care that the laws be faithfully executed."
The legislative branch keeps the executive branch in check because it has the power to terminate the President's appointments through impeachment. Impeachment is the process of getting rid of or ousting someone from a political position. In this way, Congress can restrict the President. Congress may also create oversight bodies to act as watchdogs over certain aspects or duties the president is in charge of. For example: The President as Commander in Chief is in charge of directing military actions overseas, but Congress may create a War Crimes Commission to make sure that the President isn't allowing any policies that might be considered a war crime while at war (such as torture to prisoners).
The legislative branch keeps the executive branch in check because it has the power to terminate the President's appointments through impeachment. Impeachment is the process of getting rid of or ousting someone from a political position. In this way, Congress can restrict the President. Congress may also create oversight bodies to act as watchdogs over certain aspects or duties the president is in charge of. For example: The President as Commander in Chief is in charge of directing military actions overseas, but Congress may create a War Crimes Commission to make sure that the President isn't allowing any policies that might be considered a war crime while at war (such as torture to prisoners).
One of the most common examples of checks and balances is when Congress passes a law and it goes to the President's desk for approval. If the President does not agree with the law he can veto it and it will go back to Congress, but that isn't the end of it necessarily. With a 2/3 vote in the House (290 out of 435) and 2/3 vote in the Senate (66 out of 100), Congress can OVERRIDE the President's veto and the bill will become law.
Judicial Power
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The Judicial Branch has the power to decide cases and controversies. The judges within the federal judicial system district courts to the Supreme Court are appointed by the President and confirmed or allowed to be sworn in, by the Senate. The federal courts can determine whether a law passed by Congress is Constitutional, meaning whether or not the law is a violation or not of the Constitution. The job of the courts is to not only review laws, but it also keeps the executive and legislative branches in check through judicial review. Judicial review is the act of striking down or killing a law. Smaller courts can actually do this as well, but ONLY the Supreme Court's decision in a case is binding across the entire country.
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Another example of the powers of each branch that we must discuss is Express and Implied Powers. Express powers are those powers that the Constitution SPECIFICALLY mentions as being a power of a particular branch. An example would be that being Commander in Chief of the U.S. military is an expressed power granted to the President by the Constitution. Implied powers are those powers that not specifically mentioned in the Constitution but are necessary to carry out express powers. An example would be: Congress passes legislation to national health care based on the power granted by the Constitution to collect taxes and provide for the common defense and general welfare of the U.S.
Popular Sovereignty
This is the idea that government is based on the consent of the people. The government's authority comes from the people, and it's power is not legit if it disregards the will of the people. Government established by free choice of the people is expected to serve the people, who have sovereignty, or supreme power.
There are four ways that popular sovereignty is express in a democracy.
-the people are involved either directly or through their representatives in the making of a constitution.
-the constitution made in the name of the people is ratified (passed) by a majority vote of the people or by representatives elected by the people.
-the ppl are involved directly or indirectly in proposing and ratifying amendments to their constitution.
-the people indicate support for their government when they vote in public elections, uphold the constitution and basic principles of their government, and work to influence public policy decisions and make sure that their elected representatives are held accountable for their actions.
We find popular sovereignty in the Declaration of Independence "deriving their just Powers from the Consent of the Governed." We also see it in the Preamble of the Constitution (the Preamble is the Introduction of the Constitution), "We the people of the United States...do ordain and establish this Constitution for the United States of America." And finally, it is mentioned in Article VII (7) of the Constitution where it outlines that 9 out of 13 states must approve the Constitution before it could become the supreme law of the land. Most would agree that popular sovereignty is found in Article V (5) of the Constitution which provides instructions for amending or changing the Constitution through elected officials.
The American standard of popular sovereignty being the bases of all free and independent government has influenced other nations in the world such as the Czech Republic, Brazil, and Lithuania.
-the people are involved either directly or through their representatives in the making of a constitution.
-the constitution made in the name of the people is ratified (passed) by a majority vote of the people or by representatives elected by the people.
-the ppl are involved directly or indirectly in proposing and ratifying amendments to their constitution.
-the people indicate support for their government when they vote in public elections, uphold the constitution and basic principles of their government, and work to influence public policy decisions and make sure that their elected representatives are held accountable for their actions.
We find popular sovereignty in the Declaration of Independence "deriving their just Powers from the Consent of the Governed." We also see it in the Preamble of the Constitution (the Preamble is the Introduction of the Constitution), "We the people of the United States...do ordain and establish this Constitution for the United States of America." And finally, it is mentioned in Article VII (7) of the Constitution where it outlines that 9 out of 13 states must approve the Constitution before it could become the supreme law of the land. Most would agree that popular sovereignty is found in Article V (5) of the Constitution which provides instructions for amending or changing the Constitution through elected officials.
The American standard of popular sovereignty being the bases of all free and independent government has influenced other nations in the world such as the Czech Republic, Brazil, and Lithuania.
Republicanism
Article IV (4), Section 4 of the Constitution has a line it (which cannot be amended), "The United States shall guarantee to every state in this Union a republican form of government." Republicanism - This means that the authority of the people rests in the elected officials and representatives which must govern according to law.
Republicanism is SUPPOSED to be a society that is free from class differences as being a status symbol of worth in the U.S. To put it more simply, it is supposed to mean that everyone was equal. In Britain's society, one's importance might be based on family titles bestowed on them by the king and passed down from generation to generation. Republicanism gave voice to all levels of people regardless of status, each person, no matter how rich or poor had one vote each toward their elected official they chose. The framers wanted to eliminate corruption and power grab always found with kings and royalty.
Republicanism is SUPPOSED to be a society that is free from class differences as being a status symbol of worth in the U.S. To put it more simply, it is supposed to mean that everyone was equal. In Britain's society, one's importance might be based on family titles bestowed on them by the king and passed down from generation to generation. Republicanism gave voice to all levels of people regardless of status, each person, no matter how rich or poor had one vote each toward their elected official they chose. The framers wanted to eliminate corruption and power grab always found with kings and royalty.
Federalism
Federalism is the idea that power is shared by the state and federal government (federal government is just another name for the national government in Washington D.C.). While it has emphasized that the federal government does have ultimate authority, the states have a lot to say when it comes how the government functions.
Powers from the federal government are called delegated or Expressed powers.
Powers from the state governments are called reserved powers.
Powers shared by the state and federal governments are called concurrent powers.
Delegated Powers - these powers, specifically for the federal government, are located in Articles I-V of the Constitution. The 10th Amendment in the Bill of Rights specifically says that powers that are not specifically delegated to the federal government, are left to the states to decide. An example would be this: There is nothing in the Constitution about speed limits on roads, therefore each state may create (and they do) their own laws concerning what is the proper top speed of vehicles on their highways. In Illinois, the speed limit 65 on the Interstate, but in Oklahoma (where they have a much smaller population), the speed limit on the Interstate highway is 80mph.
Article IV of the Constitution talks specifically about the relationship between states.
A) Full Faith and Credit Clause: All states are required to recognize the laws and legal documents of other states such as birth certificates, marriage licenses, driver's licenses, and wills. This is how you are able to drive from state to state with only one driver's license (the state of Missouri issues your driver's license but all states much recognize it). Article IV goes on to mention three or four more powers relating to state to state relationships.
Powers from the federal government are called delegated or Expressed powers.
Powers from the state governments are called reserved powers.
Powers shared by the state and federal governments are called concurrent powers.
Delegated Powers - these powers, specifically for the federal government, are located in Articles I-V of the Constitution. The 10th Amendment in the Bill of Rights specifically says that powers that are not specifically delegated to the federal government, are left to the states to decide. An example would be this: There is nothing in the Constitution about speed limits on roads, therefore each state may create (and they do) their own laws concerning what is the proper top speed of vehicles on their highways. In Illinois, the speed limit 65 on the Interstate, but in Oklahoma (where they have a much smaller population), the speed limit on the Interstate highway is 80mph.
Article IV of the Constitution talks specifically about the relationship between states.
A) Full Faith and Credit Clause: All states are required to recognize the laws and legal documents of other states such as birth certificates, marriage licenses, driver's licenses, and wills. This is how you are able to drive from state to state with only one driver's license (the state of Missouri issues your driver's license but all states much recognize it). Article IV goes on to mention three or four more powers relating to state to state relationships.
Implied Powers of Congress - The final clause of Article 1, Section 8 of the Constitution says Congress has the power: "To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the Untied States, or any Department or Officer thereof."
Implied Powers Explained: ALSO KNOWN AS the ELASTIC CLAUSE and the Necessary and Proper Cause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution. These are powers not specifically mentioned in the Constitution and it has been argued that these powers are needed in order to fulfill its other duties.
Example: Congress has the power to coin money, thus Congress said it is IMPLIED or Suggested, that it could also create a national reserve or national banking system as well (even though creating a national banking system is not specifically in the Constitution).
Implied Powers Explained: ALSO KNOWN AS the ELASTIC CLAUSE and the Necessary and Proper Cause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution. These are powers not specifically mentioned in the Constitution and it has been argued that these powers are needed in order to fulfill its other duties.
Example: Congress has the power to coin money, thus Congress said it is IMPLIED or Suggested, that it could also create a national reserve or national banking system as well (even though creating a national banking system is not specifically in the Constitution).
Checks & Balances
The Framers never wanted any one branch from becoming too powerful, so they set in place a system in which each branch can check the actions of another branch, IF, they become to powerful or go outside their boundaries. This principle has been partly covered with the subtopic of "Separation of Powers" above, but we'll examine some examples.
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Examples:
1. Federal judges are nominated by the President but approved by Congress. This keeps the President from just nominating his buddies. 2. Bills must pass both of the houses of Congress and then be signed by the President (keeps the house under control in case they began to write overreaching legislation), and even if the President does sign the bill into law, it can be challenged by the Supreme Court which keeps both the legislative and executive branches in check. 3. The President is the commander in chief of the military, but only Congress can declare war. 4. Congress can impeach a president if he is not doing his job in a manner that reflects the esteem and reputation of the government. |
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Individual Rights
Individual rights are pretty self explanatory. They are personal liberties (Unalienable rights) that people are born with and cannot be taken away. The Bill of Rights mostly deals with Individual Rights of Americans.
1st Amendment Rights - Right to assemble, freedom of religion, freedom of speech
2nd Amendment - Right to bear arms. The 2nd Amendment was put in place so that the people of the United States would always have a method of self protection, be it from crime, or a government that no longer exercises the will of the people and becomes a tyrannical form.
4th Amendment - Right to be of unreasonable searches and seizures. The government cannot just decide to search your property without some sort of evidence that would give probable cause that a crime is actively or has been committed.
5th Amendment - Right against self-incrimination and double jeopardy. A person has the right to plead the 5th Amendment when arrested and not speak until a lawyer is present. You cannot be tried for the same crime twice (double jeopardy).
1st Amendment Rights - Right to assemble, freedom of religion, freedom of speech
2nd Amendment - Right to bear arms. The 2nd Amendment was put in place so that the people of the United States would always have a method of self protection, be it from crime, or a government that no longer exercises the will of the people and becomes a tyrannical form.
4th Amendment - Right to be of unreasonable searches and seizures. The government cannot just decide to search your property without some sort of evidence that would give probable cause that a crime is actively or has been committed.
5th Amendment - Right against self-incrimination and double jeopardy. A person has the right to plead the 5th Amendment when arrested and not speak until a lawyer is present. You cannot be tried for the same crime twice (double jeopardy).
Limited Government
The idea that everyone, even members of all levels of government must follow the same rules and laws. This principle states that an overreaching government is unacceptable. The 10th Amendment reinforces limited government through explaining that not all powers are given to the federal government, some are given to the state. The Constitution acts as a blue print or reference of what powers the government has. There are limits to every aspect of the government. The main purpose was to create a system that would not and could not, turn into tyranny (a system in which the people have no choices or rights).
Limited Government is achieved through: having three separate branches of government, power divided among states and federal government, and certain individual rights reserved for all citizens.
The origins of the idea of the limited government can be traced back to the British Magna Carta in 1215, which influenced the American framers of the Constitution in that they wanted a document that would specifically control the powers of government.
Limited Government is achieved through: having three separate branches of government, power divided among states and federal government, and certain individual rights reserved for all citizens.
The origins of the idea of the limited government can be traced back to the British Magna Carta in 1215, which influenced the American framers of the Constitution in that they wanted a document that would specifically control the powers of government.