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Enlightenment principles
Democracy, Natural Rights, Social contract
Democracy
Power is held by the people
Natural Rights
Life, liberty, and property, which government cannot take away
Social Contract
People allow their government to rule over them to ensure order in society
Populat Sovereignty
The government’s right to rule comes from the people
Republicanism
Representative government
Opposes direct democracy
Americans use free, fair, and frequent elections to hold people accountable
Habeas Corpus
allows detained individuals to challenge the legality of their imprisonment or detention in court
Separation of Powers
a design of government that distributes power across institutions in order to avoid making one branch too powerful on its own; thus ensuring a balance of power
Checks and Balances
a design of government in which each branch has powers that can prevent the other branches from making policy
Federalism
the sharing of power between the national government and the states
The Legislative Branch
Makes the laws
Enumerated/Expressed Powers
authority specifically granted to a branch of the government in the Constitution
Necessary and Proper Clause (Elastic Clause)
granting Congress the necessary powers to carry out enumerated powers
Implied Powers
authority of the federal government that goes beyond its expressed powers under the Necessary and Proper Clause. “In addition to expressed powers…”
The Executive Branch
Job is to carry out, and enforce the laws that have been passed by Congress
The Judicial Branch
interpret the laws
Supremacy Clause
COTUS, all national treaties and laws shall be the supreme law of the land
Judicial Review
the ability of the courts to overturn a law or executive action; is not explicit in the Constitution
Article I
legislature
Article II
president and executive
Article III
creates a Supreme Court
Article IV
relationship between the states
Article V
process to create another amendment
Article VI
states that Constitution is the federal law is supreme law of the land
Article VII
describes how the Constitution will be ratified