Popular Sovereignty

2. Popular Sovereignty Because the government is created by and for the people, power resides not with the government or its leaders, but with the people. In a representative democracy, the people vote to elect leaders to represent their interests. • Rule of Law • The people and their government must abide by a set of laws, rather than by arbitrary rules set down by an individual or group. • The Founders believed in Limited Government • Dilemma of wanting a more effective government but also a limited government that did not become tyrannical. • Constitutional government – govt only has those powers listed in the Constitution • There was little fear of state govts, but great fear of national government • The constitution sets limits to governmental power and establishes how leaders who overstep their power can be removed.

3. Separation of Powers and Checks and Balances • I. Separation of powers. • To Madison, tyranny was govt. that controlled all 3 branches of govt. ---> • So Powers and responsibilities are divided among three government branches to prevent any one person or group from having too much power • This system diffuses power instead of concentrating power. • Colonial experiences, e.g., excessive power in st. legislatures  need for strong exec. • Danger of one branch combining forces with another branch ---> checks and balances. • II. Checks and balances.---> means of intentionally building inefficiency in order to prevent govt. abuse of power. • System of restraints allows each branch to monitor and check the power of the others to prevent any abuse of government power • Political independence within each branch: no branch is dependent upon the other two for election (exception: judges are appt'd by President) and continuance in office (life terms for judges ameliorate presidential influence). • Staggering of terms within each branch -> a majority of voters can gain control over one part of govt. at one time, e.g., midterm cong. elections can serve as a check on the exec.

4. Federalism Power is divided between the central government and the individual state and local governments. Independent Judiciary The judicial branch is established as an independent entity, free of pressures and influences from the other two branches. The Supreme court is the highest authority in the federal court system. Individual Rights Individual rights and liberties are protected against government encroachment. • Bill of Rights as a safeguard against possible tyranny from a new, strong, distant government.

5. Popular Sovereignty power resides not with the government or its leaders, but with the people. Federalism Power divided between central govt and state/local govts. Rule of Law The people and their govt must abide by a set of laws, rather than arbitrary rules. Constitution limits govt power and establishes how leaders who overstep their power can be removed. Individual Rights Individual rights and liberties are protected against government encroachment. Separation of Powers and Checks and Balances Powers and responsibilities divided among 3 branches. Each branch monitors and checks the power of the others. Prevents abuse of government power. Independent Judiciary Free of pressures and influences from the other two branches. The Supreme court is the highest authority in the federal court system.

6. Judicial Review • Power of the courts to strike down laws or governmental actions