Key+Principles+of+the+Constitution

List and describe the 5 fundamental principles of the Constitution

1. Separation of Powers

Three branches of government are established in the Constitution: the executive, the legislative, and the judicial. Each branch has its own responsibilities, and the power is split among the three so that no one branch can seize control of the others. The underlying belief of separation of powers is that people are naturally power-hungry, and the nation would fall beneath a wave of violence as people fought for power if there is not a system limiting the amount of power that can be in one person or one group’s hands.



2. Checks and Balances

A system of checks and balances is established by the Constitution, which makes sure that one branch of government cannot take over and make decisions for the whole country. This was originally intended as a measure to counterbalance the power of the “common people” if they ever seized control of the House of Representatives. The other two branches of government are safe from the influence of commoners, since the President is elected by the Electoral College, and it is the President that assigns judges to the Supreme Court and the Senate who approves them. Checks and balances cover many aspects of government and governing. Congress, for example, can suggest legislation, but the President can veto it. The courts, likewise, can declare a law unconstitutional. The courts cannot, however, arbitrarily remove laws, because Congress can keep them in check by threatening to impeach the judges. The President also cannot veto all bills from Congress, because Congress has the power to pass bills over the President’s veto with a two-thirds majority.



3. Establishing a Federal System

The Founders created a federal system of government that separated the power of government between a national government and the individual states. At the time, most government action happened in the states. The Framers of the Constitution predicted that this would be an added check on the national government.



4. Popular Sovereignty

Consent of the governed. The belief that the legitimacy of the state is created by the will or consent of its people, who are the source of every political power. The doctrine that sovereign power is entrusted in the people and those chosen by the election to govern or to represent have to abide to the will of the people.

5. Limited Government

A type of government in which its functions and powers are prescribed, limited and restricted by law. The idea that government should intervene to promote equality and opportunity through regulation of property and wealth redistribution.