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Constitutional Principles
Amanda Rhodes
Liberty University
GOV 421-D02: American Constitutional Histroy
Professor David VanHeemst
April 10, 2023
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Constitutional Principles
Introduction
The Constitution of the United States was the foundation to the legal and political system
we have today (McClellan, 1989). Further, it is “empowered with the sovereign authority of the
people by the framers and the consent of the legislatures of the states” (National Archives and
Records Administration, n.d.). The Constitution of the United States contains many principles,
but the main principles will be discussed below and are as follows: federalism, separation of
powers, and rule of law.
Federalism
Federalism is defined as “a system of government in which the same territory is
controlled by two levels of government” (Legal Information Institute, n.d.). Federalism also
separates power between central and state governments to ensure that both have their respective
roles to play in governance. Additionally, this division of power aids in the assurance that no one
level of government becomes too powerful, and it also allows for greater flexibility and
responsiveness to the needs of different regions (McClellan, 1989). With a Federalist system of
government, there is a power that was necessary to create the government we have today, which
also aided as a check and balance on the states.
Separation of Powers
The separation of powers is in place to ensure that there are three separate branches of
government. Those branches of government are the legislative, the executive and the judicial
branches. As stated, “This is intended to prevent a concentration and abuse of power by one
branch over another” (McClellan, 1989). The Founding Fathers knew that one political body
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could not hold all of the power without there being some form of corruption. By separating the
personnel and functions of government, the Constitution provides a mechanism that facilitates
the achievement of Rule of Law” (McClellan, 1989). Further, by having three separate branches
of government, each branch is free from the others.
Rule of Law
The rule of law is also known as “a government of laws and not of men” (McClellan,
1989). This holds those in office accountable of their actions and ensures they “conform to the
Constitution and to certain principles of law” (McClellan, 1989). The rule of law is crucial to
ensuring that governments do not abuse their power and that citizens have recourse for
grievances. When the rule of law is absent, there is a breakdown in the system, resulting in
disorder and chaos. It can lead to an increase in corruption and abuses of power, where the those
in power are free to bend the rules and take advantage of their position. McClellan further
states that “[the] Rule of law, then, is not rule of the law, but a doctrine concerning what the law
ought to be—a set of standards, in other words, to which the laws should conform” (McClellan,
1989).
Relation of Principles
These three main principles of the Constitution of the United States will only be
successful if they work simultaneously together. Federalism has a strong, centralized
government, and balances therefore a separation of power is a necessity. Further, all must be
grounded by the “rule of law”. God’s Word speaks volumes about this necessity when stated,
“For the LORD is our judge; the LORD is our lawgiver; the LORD is our king” (New King
James Bible, 1769/1982, Isaiah 33:22). The Founding Fathers knew there would be corruption
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where there was power therefore made each principle of the Constitution where it worked
simultaneously together to be what we as a whole still have today.
Conclusion
In conclusion, the principles outlined in the Constitution of the United States are critical
to ensuring that the government acts in a fair, unbiased, and equitable manner. By setting limits
on the power of government, dividing power between different branches and levels of
government, and ensuring that the people have a voice in the political process, the Constitution
helps ensure that the United States remains a strong and stable nation.
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References
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1989
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National Archives and Records Administration. (n.d.). The Constitution. National Archives and
Records Administration. Retrieved from
https://obamawhitehouse.archives.gov/1600/constitution
Legal Information Institute. (n.d.). Federalism. Legal Information Institute. Retrieved from
https://www.law.cornell.edu/wex/federalism
New King James Bible. (1982) Thomas Nelson. (Original work published 1769)
Walters, E. (2018). The
Model Rules of
Autonomous Conduct:
Ethical Responsibilities of
Lawyers and Artificial
Intelligence. Ga. St. UL
Rev., 35, 1073.
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Walters, E. (2018). The
Model Rules of
Autonomous Conduct:
Ethical Responsibilities of
Lawyers and Artificial
Intelligence. Ga. St. UL
Rev., 35, 1073.
Walters, E. (2018). The
Model Rules of
Autonomous Conduct:
Ethical Responsibilities of
Lawyers and Artificial
Intelligence. Ga. St. UL
Rev., 35, 1073.
