Chapter 3.4Chapter 3.4

Principles Underlying the Principles Underlying the ConstitutionConstitution

Popular SovereigntyPopular Sovereignty

The Framers had a common vision The Framers had a common vision for the gov’t: It should be for the gov’t: It should be representative of the people and representative of the people and limited in scope. Power should be limited in scope. Power should be divided among different levels.divided among different levels.

To achieve these ends, the Framers To achieve these ends, the Framers embraced five principles as the embraced five principles as the backbone of the Constitution:backbone of the Constitution:

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Popular sovereignty; Rule of law; Popular sovereignty; Rule of law; Separation of powers; Checks and Separation of powers; Checks and balances; and Federalismbalances; and Federalism

Article IV guarantees a republic, in which Article IV guarantees a republic, in which supreme power belongs to the people supreme power belongs to the people ((popular sovereigntypopular sovereignty). The people ). The people express their will through elected express their will through elected representatives. Provisions, such as those representatives. Provisions, such as those about the right to vote, ensure popular about the right to vote, ensure popular sovereignty.sovereignty.

Rule of LawRule of Law

The Framers believed the gov’t The Framers believed the gov’t should be strong but not too strong.should be strong but not too strong.

The Constitution sets limits by The Constitution sets limits by stating what gov’t may and may not stating what gov’t may and may not do. Gov’t is also limited by the do. Gov’t is also limited by the rule rule of lawof law. This means that the law . This means that the law applies to everyone, even those who applies to everyone, even those who govern.govern.

Separation of PowersSeparation of Powers

To keep any one person or group To keep any one person or group from becoming too powerful, the from becoming too powerful, the Framers divided gov’t into three Framers divided gov’t into three branches with different functions.branches with different functions.

This split of authority among the This split of authority among the legislative, executive and judicial legislative, executive and judicial branches is called the branches is called the separation of separation of powerspowers..

Checks and BalancesChecks and Balances

Checks and balancesChecks and balances keep any one keep any one branch from becoming too powerful. branch from becoming too powerful. Each branch can check, or restrain, Each branch can check, or restrain, the power of the others.the power of the others.

For example, the president can veto For example, the president can veto laws, Congress can block presidential laws, Congress can block presidential appointments and the Supreme appointments and the Supreme Court can overturn laws it finds Court can overturn laws it finds contrary to the Constitution.contrary to the Constitution.

FederalismFederalism

Under federalism, power is shared by Under federalism, power is shared by the national gov’t and the states. the national gov’t and the states. Americans must obey the laws of Americans must obey the laws of both. (See chart pg. 92)both. (See chart pg. 92)

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Enumerated or Enumerated or expressed powersexpressed powers are powers the Constitution are powers the Constitution specifically grants to the national specifically grants to the national gov’t. Powers not given to the gov’t. Powers not given to the national gov’t are national gov’t are reserved powersreserved powers kept by the states. Powers that both kept by the states. Powers that both levels of gov’t can exercise are levels of gov’t can exercise are concurrent powersconcurrent powers..

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When national and state laws When national and state laws conflict, the Constitution is the conflict, the Constitution is the final final authorityauthority. Neither the national nor . Neither the national nor state gov’ts may act in violation of it.state gov’ts may act in violation of it.

The Constitution is both durable and The Constitution is both durable and adaptable. It provides the gov’t adaptable. It provides the gov’t sufficient power to keep order, sufficient power to keep order, protect and defend, yet set limits to protect and defend, yet set limits to avoid tyranny.avoid tyranny.