Principles of American Constitutional Democracy

One of the central ideas of the American constitutional democracy is natural rights. A philosopher named John Locke introduced the idea that human beings had certain rights, such as the rights to life, liberty, and property, that could not be violated by any other person or law. According to Locke, the job of government is to protect citizens’ natural rights.

The idea of natural rights was so important to the Founders that they made reference to the principle in the Declaration of Independence. In the Declaration of Independence, Thomas Jefferson wrote that all people “are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These rights are protected by the first 10 amendments to the Constitution, known as the Bill of Rights.

Another philosophy that is foundational to the American government is the rule of law—it is the concept on which the American legal system was founded. Under the rule of law, in the United States a the government can only punish a person if that person is proven to have broken a law. The rule of law applies to both citizens and government officials.

Much like natural rights, the Founders alluded to the concept of rule of law in the Declaration of Independence in several of the entries on a list of grievances aimed toward Great Britain. They accused King George III of “depriving us in many cases, of the benefit of trial by jury” and of protecting armed troops “from punishment for any murders which they should commit on the Inhabitants of these States.”

The principle of rule of law states that all persons, institutions, and entities are accountable to laws that are

• publicly promoted;
• equally enforced;
• independently adjudicated; and
• consistent with international human rights principles.

John Adams said of the rule of law that America would “be a government of laws, not men.” In other words, all people are subject to the laws written in the Constitution, not the whims of people in charge. The Founders ensured the sanctity of the rule of law in Article VI of the Constitution, which states that the Constitution is the “supreme law of the land.” All laws and enforcers of the law are subject to the rules in the Constitution.

Courts are largely responsible for enforcing the rule of law by interpreting the Constitution. Sometimes, the job of judges is to protect the rights of people who hold minority beliefs from being violated by those in the majority. Preserving those minority rights through the rule of law is a fundamental part of the American system.

Another founding principle of the American Constitution is consent of the governed. During the birth of the United States, many philosophers wrote about what qualified as good government. One idea was that the power of the government comes from people’s willingness to give up some of their natural freedom to enjoy the benefits and protections of living under a government.

The American Revolution took place because American colonists grew tired of being ruled by a government in which they felt they had no voice. The Declaration of Independence alludes to the concept of “consent of the governed” when it states that “to secure these [natural] rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

Popular sovereignty, the belief that government is created by and subject to the will of the people, is another central principle of the U.S. Constitution. This means that a government has power because the citizens allow it to have power, and the people hold the ultimate power. Government answers to the people. If the people want to change their government, they can vote to change laws or elect new leaders.

This concept is stated in the Declaration of Independence: “Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government.” Popular sovereignty also guides the Constitution. Article V states that the people can change the constitution by amending it. The Ninth Amendment states that any power not specifically given to government belongs to the people. Even the Preamble to the Constitution notes who is putting forth the ideas it expresses: “We the People of the United States . . .”