History, 06.01.2020 21:31 SerenaPlamberry

How does the preamble reflect the constitutional principle of representative democracy

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The Preamble to the US Constitution reflects the principle of representative democracy by asserting that "We, the People," are the ones establishing this constitution of government. The founding fathers of the United States based their ideas of government in the political philosophy of Enlightenment thinkers like John Locke. Locke argued for the idea that the people are utlimately the source of authority in governing, and that decisions made by the majority of people are to determine what the laws are. Locke wrote: "When any number of men have, by the consent of every individual, made a community, they have thereby made that community one body, with a power to act as one body, which is only by the will and determination of the majority."

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The words "we the people" in the preamble reflect the constitutional concept of representative democracy. The overarching rationale for the colonies' separation from Britain is that it is their responsibility to form a new government that would preserve the people's rights.

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Answer from: Quest

b) a state law could be declared illegal if it contradicted the constitution.

explanation:

the conflict of this case originated when james w. mcculloch, a cashier of the baltimore branch of the second bank of the united states that the congress had chartered in 1816, refused to pay a tax imposed by the maryland state.

in the case, the state of maryland appealed that the establishment of a second bank was unconstitutional since the constitution didn't say anything about granting that power to congress. however, the case determined that even if such right wasn't specifically stated in the constitution, it was part of the "implied powers" of the government enunciated in article i, section 8.

the case also eliminated maryland's legislation to impose taxes to a national bank, asserting that even though the states retained the power of taxation, the constitution's laws are supreme and can not be controlled by the states, therefore, if a state law contradicts the constitution, it should be declared illegal.

explanation:

The supreme court case mcculloch v. maryland ensured that?

Answer from: Quest

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