Five Basic Principles of the American Government

Five Basic Principles of the American Government

Themes evident throughout the Constitution

• Each principle illustrates HOW this document is a document of LIMITATIONS.– This shows distrust of

government.

Limited Government

Government is NOT all powerful, there are limits on what is can do

Constitution is the Supreme Law of the land and ALL government officials are subject to the document. (Rule of Law)

Evident throughout the Constitution, use of negative language throughout

Limited GovernmentExamples in the Constitution:

• Article 1, Section 9– no denial of habeas corpus– no bills of attainder– no ex post facto– no titles of nobility

• Article 1, section 10– no state shall enter into treaties

with foreign nations– no state shall coin its own

money

Limited Government

Examples in the Constitution

• Bill of Rights– Congress shall make no law

abridging the freedom of speech…– The rights of the people shall not

be abridged…– No quartering of troops

Five Principlesof American Government

1. Limited Government

2. Checks and Balances

3. Separation of Powers

4. Popular Sovereignty

5. Federalism

****Individual Rights***

We will discover: How each of these principles LIMIT government!

)

Checks and BalancesEach branch checks over the

other two, to prevent abuse (again limiting government)

• The legislative makes a law– the executive can veto

• The executive vetoes– the legislative can override the

veto

• The judges make a law unconstitutional– the legislative can make an

amendment to the Constitution

• The executive appoints a judge– the legislative must confirm or

reject

Separation of Powers

• Article 1 – Only Legislative makes laws, coins money, taxes, borrows money, declares war, establishes post offices, makes lower courts, makes laws about naturalization, fixes weights and measurements

– 17 listed powers, and the "elastic clause"-Clause 18

• Article 2 – Only the Executive enforces laws, is Commander in Chief, appoints judges, pardons, vetoes, makes the State of the Union address, calls special sessions

• Article 3 – Only the Judges interpret the Constitution

Each branch has its OWN separate powers that the other two DO NOT

thus limiting the other two.

Popular Sovereignty• The people are the source of the

power. • We give our consent to those we

elect to speak in our behalf, but we are the source of power.

• Evident throughout the document:– In Preamble- "We the People" – Article 1 - the people elect

representatives to the House– Article 2 - the people indirectly elect

the President– Amendment 17 - the people directly

elect Senators– Amendment 1 - Free speech, press,

petition-implies we, the people will participate

If a majority of the people want something, should they get what the want?– Abortion, End of the War, Affirmative

Action, Close the Border, etc…

We the People limit the power of Representatives (by voting them out).How do Representatives limit the power of the people?

Individual Rights• Government exists to protect your

individual rights (Locke, Hobbes, Jefferson)

• Rights are something that are protected by government, not given by government

• Bill of Rights outlines several of these– Freedom of Speech

– Freedom of Religion

– Freedom of Press

– Freedom of Assembly

– Right to bear arms

– Right to a fair and speedy trial

• 14th amendment expands Bill of Rights to the states

• Civil Rights Act (1964)

Federalism• The federal government and its

sub-divisional governments (states) SHARE the powers of law-making, enforcing, and interpreting.

• All levels of government– (federal, state, and local)

have three branches– (legislative, executive, and judicial).

• The Constitution gives power to BOTH the federal and state governments

Federalism is like a three tiered layer cake.

Explain!