POPULAR SOVEREIGNTY

If we resort for a criterion to the different principles on which different forms of government are established, we may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure for a limited period, or during good behavior. It is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans and claim for their government the honorable title of republic. 

James Madison

Federalist #39

We the People of the United States, 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.

Answer the following questions using the quotes and graphics to the left.

1. Underline the 2 fragments that address Popular Sovereignty’s foundation.

2. Both fragments contain which word?

3. What does that word mean? Why is it important to this concept?

4. What is the warning in this quote about popular sovereignty?

5. Which words indicate Popular Sovereignty?

6. How does this graphic represent the concept of Popular Sovereignty?

7. Why do you think its important for people to understand the idea of “Popular Sovereignty”?

LIMITED GOVERNMENT

In the first place it is to be remembered that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects, which concern all the members of the republic, but which are not to be attained by the separate provisions of any. The subordinate governments, which can extend their care to all those other objects which can be separately provided for, will retain their due authority and activity. 

James Madison

Federalist #14

Article I--Legislative Branch

Article II-Executive Branch

Article III-Judicial Branch

Answer the following questions using the quotes and graphics to the left.

1. Underline the 2 fragments that represent Limited Government.

2. What is a subordinate government?

3. What do these subordinated governments entitled to?

4. How does the division of the Constitution into these 3 articles demonstrate Limited Government?

5. How does this graphic represent Limited Government?

6. Why do you think its important for people to understand the idea of “Limited Government”?

SEPARATION OF POWERS

One of the principal objections inculcated by the more respectable adversaries to the Constitution, is its supposed violation of the political maxim, that the legislative, executive, and judiciary departments ought to be separate and distinct. In the structure of the federal government, no regard, it is said, seems to have been paid to this essential precaution in favor of liberty. The several departments of power are distributed and blended in such a manner as at once to destroy all symmetry and beauty of form, and to expose some of the essential parts of the edifice to the danger of being crushed by the disproportionate weight of other parts.

James Madison

Federalist #47

Article I--Legislative Branch

Article II-Executive Branch

Article III-Judicial Branch

Answer the following questions using the quotes and graphics to the left.

1. Underline the sentence that represents Separation of Powers.

2. What does Madison mean when he says “powers are distributed and blended in such a manner as at once to destroy all symmetry and beauty of form...”?

3. How does the division of the Constitution into these 3 articles demonstrate Separation of Powers?

4. What are the powers that are granted to each branch? Be both general “the legislative branch _____ the laws” and specific “the legislative branch can “coin money”

CHECKS AND BALANCES

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. 

James Madison

Federalist #51

Article I--Legislative Branch

Article II-Executive Branch

Article III-Judicial Branch

Answer the following questions using the quotes and graphics to the left.

1. Underline the sentence that represents how Checks & Balances will work in our government.

2. Why is is necessary to divide the government and create checks on each branches powers?

3. Which branch do you feel has the most potential to abuse their powers? Explain your answer.

4. Which branch has the fewest “checks” on their powers? Why do you think that is?

FEDERALISM The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.

 The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments in times of peace and security. As the former periods will probably bear a small proportion to the latter, the State governments will here enjoy another advantage over the federal government. The more adequate, indeed, the federal powers may be rendered to the national defense, the less frequent will be those scenes of danger which might favor their ascendancy over the governments of the particular States.

   If the new Constitution be examined with accuracy and candor, it will be found that the change which it proposes consists much less in the addition of NEW POWERS to the Union than in the invigoration of its ORIGINAL POWERS. The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose and from which no apprehensions are entertained.

James Madison Federalist #45

Article IV--The States

10th Amendment

1. Underline the 1st sentence. Where are you likely to see a more active government at the Federal or State level? Why?

2. Under which circumstance is the federal government expected to intervene and take control of affairs? When are the states mainly in control?

3. Which addition to the federal powers were

agreed upon, and added into, the new Constitution?

4. Why are rights of states so important in creating a federal constitution?

5. Why does the federal government stay out of issues like schools, marriage and interstate business?