POPULAR SOVEREIGNTY
• POPULAR SOVEREIGNTY IS GOVERNMENT BASED ON CONSENT OF THE PEOPLE. THE
GOVERNMENT'S SOURCE OF AUTHORITY IS THE PEOPLE, AND ITS POWER IS NOT LEGITIMATE IF
IT DISREGARDS THE WILL OF THE PEOPLE.
BECAUSE THE FRAMERS WROTE THE CONSTITUTION, THIS PRINCIPLE
WOULD HAVE BEEN CRUCIAL TO THEM. GOVERNMENT OFFICIALS WOULD
ABUSE THEIR POSITIONS IF THERE WAS NO RULE OF LAW. IT WAS ADDED
BECAUSE ITS PURPOSE WAS TO DEFEND RESIDENTS AGAINST A
POWERFUL CENTRAL AUTHORITY BY STATING CITIZENS' RIGHTS.
LEWIS CASS OF MICHIGAN, THE DEMOCRATIC NOMINEE, INVENTED THE
TERM "POPULAR SOVEREIGNTY" TO DESCRIBE A NEW ALTERNATIVE THAT
WAS EMERGING. THE CONCEPT WAS STRAIGHTFORWARD. ALLOW THE
PEOPLE OF THE TERRITORY TO DETERMINE IF SLAVERY IS TOLERATED. THE
ANSWER APPEARED TO BE IDEAL.
VOTING TO IMPEACH GOVERNMENT OFFICIALS THIS IS ANOTHER FORM OF
POPULAR SOVEREIGNTY SINCE IT EMPOWERS THE PEOPLE TO REMOVE AN
ELECTED LEADER FROM OFFICE BY A POPULAR VOTE.
LIMITED GOVERNMENT
• EVERYONE, INCLUDING ALL AUTHORITY FIGURES, MUST OBSERVE
THE LAWS IN THIS STYLE OF GOVERNMENT.
• CONSTITUTIONS, DECLARATIONS OF RIGHTS, AND OTHER
REGULATIONS PROVIDE RESTRICTIONS ON PERSONS IN AUTHORITY,
PREVENTING THEM FROM ABUSING THEIR ELECTED, APPOINTED, OR
INHERITED POSITIONS.
• RESTRICTION OF THE SPEED AT WHICH YOU CAN DRIVE YOUR
AUTOMOBILE ON PUBLIC ROADS IS AN EXAMPLE OF LIMITING
INDIVIDUAL RIGHTS TO SAFEGUARD PUBLIC INTEREST.
CHECKS & BALANCES
•
A SYSTEM THAT PERMITS EACH PART OF GOVERNMENT TO
ALTER OR VETO ACTIONS OF ANOTHER BRANCH IN ORDER TO
PREVENT ANY ONE BRANCH FROM WIELDING TOO MUCH
POWER.
•
THE SYSTEM OF CHECKS AND BALANCES IN GOVERNMENT
WAS DEVELOPED TO ENSURE THAT NO ONE BRANCH OF
GOVERNMENT WOULD BECOME TOO POWERFUL.
•
HERE ARE SOME OF THE CURRENT CHECKS AND BALANCES:
THE CONGRESS CAN PASS LEGISLATION, BUT THE PRESIDENT
CAN VETO THEM.
SEPARATION OF POWERS
•
THE SEPARATION OF POWERS IS A FUNDAMENTAL PRINCIPLE OF
GOVERNMENT. IT DENOTES THE DIVISION OF GOVERNMENT'S
LEGISLATIVE, EXECUTIVE, AND JUDICIAL POWERS AMONG DIFFERENT
AND INDEPENDENT BRANCHES.
•
NO ONE BRANCH OF GOVERNMENT IS IN A POSITION TO BECOME TOO
POWERFUL.
•
TO KEEP ONE DEPARTMENT OF GOVERNMENT FROM BECOMING
OVERLY STRONG.
•
CONGRESS HAS THE AUTHORITY TO ENACT LAWS, THE PRESIDENT
HAS THE AUTHORITY TO VETO THEM, AND THE SUPREME COURT HAS
THE AUTHORITY TO DEEM THEM UNCONSTITUTIONAL.
JUDICIAL REVIEW
•
WHEN COURTS EXAMINE A STATUTE OR ACT ENACTED BY THE
LEGISLATIVE AND EXECUTIVE BRANCHES, THEY ARE ENGAGING IN
JUDICIAL REVIEW.
•
ITS JUDICIAL REVIEW POWER IS CRITICAL IN ENSURING THAT
EACH ARM OF GOVERNMENT REALIZES THE LIMITS OF ITS OWN
POWER.
•
IT PRESERVES CIVIL FREEDOMS AND RIGHTS BY OVERTURNING
LEGISLATION THAT VIOLATE THE CONSTITUTION.
•
JUDICIAL REVIEW ALLOWS THE SUPREME COURT TO TAKE AN
ACTIVE ROLE IN ENSURING THAT THE OTHER BRANCHES OF
GOVERNMENT ABIDE BY THE CONSTITUTION.
FEDERALISM
•
FEDERALISM IS A GOVERNING SYSTEM IN WHICH TWO
LEVELS OF GOVERNMENT CONTROL THE SAME REGION.
•
IT GIVES CONGRESS THE AUTHORITY TO IMPOSE AND
COLLECT NATIONAL TAXES FOR THE PURPOSE OF
SUPPORTING OR REPAYING OBLIGATIONS RELATED TO THE
COUNTRY'S MILITARY AND GENERAL WELFARE.
•
THE PURPOSE OF FEDERALISM IS TO PROTECT PERSONAL
LIBERTY BY DISPERSING GOVERNMENT AUTHORITIES SO
THAT NO SINGLE GOVERNMENT OR PARTY MAY CONTROL ALL
FUNCTIONS. THE FRAMERS THOUGHT THAT DIVIDED
AUTHORITY EQUALED RESTRICTED POWER, AND THEY USED
THIS PRINCIPLE TO DRAFT THE CONSTITUTION.