The Founding Fathers developed a concept that was, at the time, completely unique. This was the
use of a written constitution to establish the limitations upon government.
By making government subject to the limitations, of a constitution by the principle that its laws would
be unenforceable if they did not conform to constitutional rules, they solved the problem of
tyrannical government ignoring the wishes of the people. (Article 6 = Supremacy clause).
The principle of ‘constitutionalism’, establishes that part of the Constitution will clearly set out the
boundaries within which each branch of government may operate.
Its authority will not run beyond those boundaries – Ultra Vires.
Judicial Review:
This establishes that any dispute concerning the meaning or application of the Constitution must be
resolved by a review carried out by the courts, ultimately the Supreme Court.
Such review, however, does not take place before a law is passed or a government order made.
(Retrospective).
Rather, it must first be challenged by and individual, an organisation or a state through the courts
and take, if necessary, through an appeals procedure.
If a law or government action is deemed to have contravened the Constitution, it is declared
unconstitutional. The courts will not enforce it and so it must be set aside.
Individual Liberty:
Although missing from the original seven articles of the US Constitution, the Bill of Rights
(Amendments 1-10) attempts to protect in law (entrench) individual liberties from encroachment by
the Federal Government and/or State Governments.
The First Amendment, in particular, protects five important rights;
1. Freedom of Speech (especially your right to criticise the government).
2. The right to peaceably assemble (peaceful protest).
3. Freedom of the press (the right to publish criticisms of government policies).
4. Freedom of religion (government must be neutral on religion).
5. The right to petition the government (take the government to court for redress of
grievances).
Liberal Thought:
This principle is linked with the idea of the "American Dream". (The idea that an immigrant could
come to the US as a pauper and through sheer hard work become rich and powerful within society).
America strongly believes in the ideas of free trade and economic enterprise or "entrepreneurialism".
Far from being an obstacle to free enterprise, the US government should exist to encourage +
facilitate such practice in order to remove class barriers and promote social mobility.
Whilst this American Dream has been a reality for many there are many minority groups who would
dispute the idea that the US provides a meritocratic environment for competition and that equality of
opportunity is increasingly an evasive idea.
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