3.4 Principles 3.4 Principles Underlying the Underlying the ConstitutionConstitution

Mrs. ShadoinMrs. Shadoin

Civics and Civics and EconomicsEconomics

Major Principles of Major Principles of GovernmentGovernment

Article IVArticle IV of the Constitution of the Constitution guarantees the American people “a guarantees the American people “a Republican Form of Government.”Republican Form of Government.”

Major Principles of Major Principles of GovernmentGovernment

In a In a representativerepresentative democracy, the democracy, the power belongs to the people, who power belongs to the people, who express their will through elected express their will through elected representatives representatives

Popular Sovereignty Popular Sovereignty The idea that the power of The idea that the power of

government lies with the people is government lies with the people is called called popular sovereigntypopular sovereignty; under ; under the Constitution, the will of the the Constitution, the will of the people is expressed most strongly people is expressed most strongly through through electionselections POPULAR=

People

SOVEREIGNTY=

Right to rule

Rule of LawRule of Law The Constitution The Constitution

includes the principle includes the principle of of limitedlimited government, government, government can do government can do only what the people only what the people allow it to doallow it to do

Under the Under the Constitution, the Constitution, the government is also government is also limited by the limited by the rule of rule of lawlaw, this means the , this means the law applies to law applies to everyone, no one may everyone, no one may break the law or break the law or escape its reach escape its reach

Separation of PowersSeparation of Powers To protect against abuse of power, To protect against abuse of power,

the Framers divided the federal the Framers divided the federal government into government into threethree branches, branches, each with different functionseach with different functions

Separation of PowersSeparation of Powers French philosopher French philosopher

Baron de Baron de Montesquieu Montesquieu believed the best way believed the best way to safeguard the to safeguard the liberty of the people liberty of the people was to separate the was to separate the legislative, legislative, executiveexecutive, , and judicial functions and judicial functions of government and of government and assign each to a assign each to a separate branchseparate branch

This division of This division of authority is called authority is called separation of powersseparation of powers

Checks and BalancesChecks and Balances

To prevent any of To prevent any of the three branches the three branches from becoming too from becoming too powerful, the powerful, the Framers also Framers also included a system of included a system of checks and balanceschecks and balances; ; under this system under this system each branch is able each branch is able to check, or limit, to check, or limit, the power of the the power of the others others

FederalismFederalism

Under federalism, Under federalism, power is shared by power is shared by the national the national government and government and statesstates, each level of , each level of government has government has independent independent authority over people authority over people at the same timeat the same time

Americans must obey Americans must obey both federal and state both federal and state lawslaws

Three Types of PowersThree Types of Powers

• Expressed PowersExpressed Powers (Enumerated (Enumerated Powers)= powers specifically Powers)= powers specifically granted to the national government granted to the national government by the Constitutionby the Constitution

Three Types of PowersThree Types of Powers

• Reserved PowersReserved Powers= powers the = powers the Constitution does not give to the Constitution does not give to the national government are kept by national government are kept by the statesthe states

Three Types of PowersThree Types of Powers

3.3. Concurrent PowersConcurrent Powers = powers = powers shared by the states and the national shared by the states and the national governmentgovernment

The Supremacy ClauseThe Supremacy Clause

Found in Found in Article Article VIVI the supremacy the supremacy clause states that clause states that the Constitution the Constitution and other laws and other laws and treaties made and treaties made by the national by the national government “shall government “shall be the supreme be the supreme Law of the LandLaw of the Land””

The Supremacy ClauseThe Supremacy Clause

Because the Because the ConstitutionConstitution is is the highest law, the highest law, the national the national government and government and states are not states are not supposed to act supposed to act in violation of itin violation of it