Structure, Roles, and Responsibilities of the United States Government 6 principles of the Constitution • • • • • • Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism Popular Sovereignty • The belief that the legitimacy of the state (nation) is created by the will or consent of its people, who are the source of all political power. Government has no power unless “We the People” give it to them. Popular Sovereignty • It is closely associated to the Enlightenment philosophers, among whom are Thomas Hobbes, John Locke and Jean-Jacques Rousseau. A little rebellion now and then...is a medicine necessary for the sound health of government. Thomas Jefferson, Letter to James Madison, 1787 3rd president of US (1743 - 1826) How can we rebel against our government? Popular Sovereignty The doctrine of popular sovereignty was used to decide the slavery issue in new territories. The people that lived in the territories (not Congress) would decide whether or not to allow slavery in the individual territories. Was it a good idea to allow the people decide the fate of slavery or should Congress decide? Limited Government • The Declaration of Independence stated the concept of limited government. •Governments derive "their just powers from the consent of the governed" The few and limited powers of the United States government are enumerated and defined in the people's fundamental law— the Constitution, as amended. This is the basis of Rule-of-Law Rule of Law, is the principle that no one is above the law. The rule follows logically from the idea that law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will. The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy. Separation of power • Three separate branches: executive, judicial, and legislative. The three branches are distinct and have checks and balances on each other. In this way, no one branch can gain absolute power or abuse the power they are given. Separation of power • The executive branch is headed by the President and includes the bureaucracy. The legislative branch includes both houses of Congress: the Senate and the House of Representatives. The judicial branch consists of the Supreme Court and the lower federal courts. Checks and balances • Guarantees that no part of the government becomes too powerful. For example, the legislative branch is in charge of making laws. The executive branch can veto the law, making it harder for the legislative branch to pass the law. The judicial branch may also say that the law is unconstitutional and thus make sure it is not a law. Checks and balances Judicial review • The doctrine under which legislative and executive actions are subject to review, and possible invalidation, by the judiciary. Does the Constitution give the Supreme Court the power to invalidate the actions of other branches of Government? Federalism • American system of government in which the powers of government are divided between the national government, which governs the whole nation, and the state governments which govern the people of each state, creating what is often called a federation. Federalism The 10th Amendment to the Constitution allows for the doctrine of Federalism "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Should the states have more power to govern its citizens than the federal government, why or why not? Federalism around the world Purposes of Government • Outlined in the Preamble of the United States Constitution, it was the Founding Fathers' intent to have the federal government perform six fundamental functions. The first part of the Constitution is called the Preamble. It tells what our founding fathers set out to do We the people In order to form a more perfect union, Establish justice, insure domestic tranquility, Provide for the common defense, Promote the general welfare and Secure the blessings of liberty To ourselves and our posterity Do ordain and establish this Constitution for the United States of America. Form a more perfect union • While initially, the colonies weren't united, they soon came to realize that there is strength in solidarity and as such formed an alliance with one another. The Constitution provide for such a union. Establish Justice • Though the term justice is open to interpretation, the explanation most widely accepted is that the law must be fair, unbiased, and logical. While these standards we are not always met within this nation, the American people wish to strive for such ideals. Common Defense • Provide a military to defend its citizens and territories against the enemies of the state. Secure the blessings of liberty • The American nation was built around the ideals of individual freedom and liberty, however, the Founding Fathers also came to the realization that certain boundaries must be set forth in order to ensure that such liberties would not breach those of other citizens'. Promote the General Welfare • The role of the government to provide the American people with services and regulations that are for the public good. Such regulations may include health and food standards, public education, and consumer protection. Insure Domestic Tranquility • The government must provide order in society and allow for domestic peace. It must also present the nation from ever ascending into anarchy.