1.2 Principles of Constitutional Government

The U.S. Constitution sets up a system of checks and balances, dividing power between federal and state governments. It creates three branches of government—legislative, executive, and judicial—each with specific roles and the ability to limit the others' power.

The Constitution also establishes the rule of law, ensuring everyone is treated equally and government power is limited. It's based on popular sovereignty, meaning the people are the ultimate source of power, and can be amended to reflect changing needs over time.

Federalism and Power Division

Division of Power Between Federal and State Governments

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• Federalism is a system of government that divides power between a central government and regional governments
• The U.S. Constitution establishes a federal system
  • The national government has specific enumerated powers
  • The states retain all other powers not delegated to the federal government
• The Tenth Amendment affirms the principle of federalism
  • Powers not delegated to the federal government are reserved to the states or the people

Supremacy and Expansion of Federal Power

• The Supremacy Clause in Article VI establishes that the Constitution, federal laws, and treaties are the supreme law of the land
  • Federal law takes precedence over state laws and constitutions
• The Commerce Clause in Article I, Section 8 grants Congress the power to regulate interstate commerce
  • This clause has been broadly interpreted to expand federal power
• The Necessary and Proper Clause (Elastic Clause) in Article I, Section 8 grants Congress the power to make laws necessary and proper for carrying out its enumerated powers

Separation of Powers and Checks and Balances

Three Branches of Government

• The separation of powers divides the powers of government among three distinct branches
  • Legislative branch (Congress) has the power to make laws
  • Executive branch (President) has the power to enforce laws
  • Judicial branch (federal courts) has the power to interpret laws and determine their constitutionality

Checks and Balances Between Branches

• Checks and balances refer to the powers each branch has to limit or control the actions of the other branches
  • Prevents any single branch from becoming too powerful
• Examples of checks and balances:
  • President's power to veto legislation passed by Congress
  • Congress's power to override a presidential veto with a two-thirds majority in both houses
  • Senate's power to confirm or reject presidential appointments and treaties
  • Federal courts' power to declare laws and executive actions unconstitutional through judicial review

Importance of the Rule of Law

Accountability and Equal Treatment Under the Law

• The rule of law holds that all individuals and institutions, including the government, are accountable to laws
  • Laws must be publicly promulgated, equally enforced, and independently adjudicated
• The U.S. Constitution is the supreme law of the land
  • All government officials, including the President, are bound by its provisions
• The rule of law ensures that government power is exercised within the confines of the Constitution
  • Individual rights and liberties are protected

Due Process and Equal Protection

• The Due Process Clauses of the Fifth and Fourteenth Amendments guarantee that the government cannot deprive individuals of life, liberty, or property without due process of law
• The Equal Protection Clause of the Fourteenth Amendment requires that the government treat all individuals equally under the law
• The independent judiciary, with the power of judicial review, plays a crucial role in upholding the rule of law
  • Ensures that laws and government actions comply with the Constitution

Popular Sovereignty and Constitutional Legitimacy

Consent of the Governed

• Popular sovereignty is the principle that the authority of government is derived from the consent of the governed
• The Preamble to the U.S. Constitution begins with "We the People"
  • Emphasizes that the Constitution is established by the people and for the people
• The Constitution was ratified by the people through state conventions
  • Demonstrates the principle of popular sovereignty

Representative Democracy and Constitutional Amendments

• The Constitution provides for a representative democracy
  • The people elect representatives to make laws on their behalf
• The Constitution can be amended through a process that requires broad public support
  • Amendments can be proposed by a two-thirds vote in both houses of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures
  • Amendments must be ratified by three-fourths of the states, either through state legislatures or state ratifying conventions
• Popular sovereignty implies that the government is accountable to the people
  • The people have the right to alter or abolish the government if it fails to protect their rights and interests