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UNIT 4: How Have the Values and Principles Embodied in the Constitution Shaped American Institutions and Practices?. PRINCIPLES . Popular sovereignty Natural rights Limited government Political equality Rule of law. VALUES: Federalist #37. Liberty Energy Stability. LIBERTY.
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UNIT 4: How Have the Values and Principles Embodied in the Constitution Shaped American Institutions and Practices?
PRINCIPLES • Popular sovereignty • Natural rights • Limited government • Political equality • Rule of law
VALUES: Federalist #37 • Liberty • Energy • Stability
LIBERTY • Demands all power be “dependent on the people” • Requires trust in many, not few, hands
ENERGY • Requires certain duration of power • Calls for execution by a “single hand”
STABILITY • Requires power to continue for a length of time • Requires “barrier to the encroachments and oppressions of the representative body” (judicial function) (#78)
Consequence. . . • Large representative bodies/committees • Single executive • Plural administrative agencies • Multiple-judge appellate courts
Constitutional Challenges “Mingling” liberty, energy, stability in their “due proportions” in national government Marking “proper line of partition” between national and state governments
Unit 4: Are liberty, energy and stability “properly mingled” today? Do the legislative, executive and judicial departments control each other through separation of powers/checks & balances? Do the different governments (state and national) control each other?
National level • Does theory of Federalist #51 work? • Are “interest(s) of the man. . .connected to the constitutional rights of the place”? • Impact of political parties? • Presidential “displacement” of Congress? • “Imperial” courts? • Has the “extended republic” become too big?
Federalism • Do state governments provide “security . . .to the rights of the people”?