Principles of U.S. Constitutional

Democracy

By: T. Phantom

Definition• Constitutional Democracy is the notion that

the government is based on the consent of the people. Further, the government operates according to the principle of majority rule.

Principles• Federalism• Separation of Powers• Checks and Balances• Popular Sovereignty• Limited Government• Judicial Review• Other

Federalism

• In a federal system, power is divided between a national government and state or local governments.

• The constitution guarantees that the states have power even under a strong national government. (Article I, Section 8 and the Tenth Amendment)

Federalism Examples

Example: Federal government prints money

State government regulates schools

Both governments levy taxes (shared)

Separation of Powers

• The Constitution separates the powers granted to the national government into three separate branches: the legislative, the executive, and the judicial.

• No one holds too much power.

Separation of Powers

Powers of National Government

The Powers of Government are divided into three The Powers of Government are divided into three Branches:Branches:

Legislative Branch (Congress)Legislative Branch (Congress) Makes Laws Makes LawsExecutive Branch (President)Executive Branch (President) Enforces Laws Enforces LawsJudicial Branch (Supreme Court)Judicial Branch (Supreme Court) Interprets  Interprets LawsLaws

Check and Balances•Each branch is subject to restraints by the other two•This helps prevent one branch from becoming toostrong•Room for cooperation

Ex: The President can veto a bill passed by Congress. In turn, Congress can override the veto with a two-thirds majority vote.

Popular Sovereignty • The people have the power over the government by vote PopularPopular = “People” = “People”

SovereigntySovereignty = “Power” = “Power”• A representative democracy lets the people elect leaders to make decisions for them.•Without popular sovereignty, the rights of citizens might not be fully protected. •Example: Elections

Limited Government• Government powers are limited to what is written in the

Constitution• The government may only do things that the people that they

have governed give them the power to do. • Founding fathers wanted to protect against tyranny• Influenced by the Magna Carta (limits the Crown’s powers)• created so the power of the government never gets too

strong• Ex: checks and balances, separations of powers, presidential

powers

Magna Carta

Judicial Review

• Legislative and executive actions are subject to review, and potential invalidation, by the judiciary.

• The Supreme Court has the power of judicial review. • A landmark case Marbury v. Madison established judicial

review.• One of the main objective of the idea of separation of

powers. Hmmm…Constitutional or not???

Other Principles• Individual Rights: citizens’ rights are guaranteed EX: Right to bear arms, religion, free speech, quick and fair

trial,etc..

• Due Process: Govt must follow established procedures when dealing with citizens; your right to be treated fairly by the government.

• Rule of Law: NO ONE (not even the President) is above the law

• Majority Rule: numerical majority of an organized group can make decisions binding on the whole group

Where Did Constitutional Principles Came From?

• old US documentsEx: Articles of Confederation,

Declaration of Independence

• PhilosophersEx: Charles de Montesquieu, John

Locke

• old world documentsEx: Magna Carta, English Bill of

Rights

Charles de Montesquieu John Locke

English Bill of Rights

Criticism of Constitutional Democracy

• As a criticism, it was stated that while democracy is powerful because it involves the active participation of the people, some citizens are not informed enough to make the best decisions about electing proper leadership.

• Individuals among the minority have to suffer the rule of the majority, even though they do not agree.

Works Cited• http://www.answers.com/topic/constitutional-

democracy• http://dictionary.reference.com/browse/

constitutional+democracy• http://wps.prenhall.com/

hss_burns_govbrief_5/11/3007/769951.cw/index.html • http://questioningwithboldness.wordpress.com/

2010/12/28/wisdom-of-the-day-charles-de-montesquieu-2/

• American Government Textbook