Simone Lawson
A constitutional monarchy is a system of government in which a monarch shares power with a constitutionally organized government. It is a form of power-sharing, where the monarch is constrained by the constitution and acts as a symbolic or ceremonial head of state. The monarch may hold formal powers such as dissolving parliament or giving royal assent to legislation, but their role is primarily representative and civic, without executive or policy-making authority. The transition to constitutional monarchy involves introducing formal legal provisions that limit royal powers, define citizen rights, and grant powers to parliament. The British Parliament and government, for example, exercise their powers under royal prerogative, acting on behalf of the monarch, who is bound by constitutional convention to follow the government's advice.
| Characteristics | Values |
|---|---|
| Legislative power | Vested in a Congress of the United States, composed of a Senate and House of Representatives |
| House of Representatives | Members chosen every second year by the People of the several States |
| Electors in each State | Qualifications requisite for Electors of the most numerous Branch of the State Legislature |
| Representatives and direct Taxes | Apportioned among the several States according to their respective numbers |
| Members | Must have attained the age of twenty-five years, been seven years a Citizen of the United States, and be an Inhabitant of the State in which he shall be chosen |
| Each House | Determines the Rules of its Proceedings, may punish its Members for disorderly Behaviour, and, with the Concurrence of two-thirds, expel a Member |
| Journals | Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy |
| Adjourn | Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting |
| Executive power | Invested in the President |
| Judicial power | Vested in one Supreme Court and other inferior courts that may be created by Congress |
| Federalism | The national government was conceived as one of limited and enumerated powers |
| Constitution | More difficult to alter than legislation, requiring a two-thirds majority in both houses of Congress and ratification by the legislatures of three-fourths of the states |
| Actions beyond power | May be judicially reviewed and, if found to be beyond power, must cease |
| Legislation beyond power | Considered "invalid" and of no force |
Explore related products
$170
What You'll Learn
- The US Constitution divides power between the national government and state governments
- The President has the power to grant pardons, make treaties, and appoint federal judges
- The legislative branch is designed to separate powers between branches of government
- The Constitution limits state power by establishing lines that cannot be crossed
- The Tenth Amendment clarifies the federal government's limited powers
The US Constitution divides power between the national government and state governments
The US Constitution divides power in two ways. Firstly, at the national level, power is divided between the three branches of government: the legislative branch, the executive branch, and the judicial branch. This process is called the separation of powers. Secondly, power is divided between the national government and the states under the system of federalism.
The national government guarantees each state a democratic form of government and protects each state from invasion and domestic violence. It also respects the territorial integrity of each state. The national government is prohibited from taking measures that deprive citizens of personal liberty. For example, the government cannot suspend the writ of habeas corpus, which enables someone in custody to petition a judge to determine whether their detention is legal.
State governments, or subnational governments, are responsible for matters that lie within their regions, including administering education, healthcare, public safety, and other public services. They also conduct and pay for elections of all national government officials and play a key role in the process of amending the Constitution, as three-fourths of the states must approve an amendment.
Who Really Leads Congress? The Vice President's Role Explored
You may want to see also
The President has the power to grant pardons, make treaties, and appoint federal judges
The US Constitution outlines the powers granted to the President, including the ability to grant pardons, make treaties, and appoint federal judges.
Pardons
Article II, Section 2 of the Constitution states that the President has the authority to "grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." The Supreme Court has interpreted this power as "plenary," meaning it is broad and not generally subject to congressional modification. While the pardon power is robust, there are limitations. Firstly, a crime must have been committed for a pardon to be issued. Secondly, the power is limited to federal crimes. Lastly, the President may not pardon themselves, as this would violate the principle that "no one may be a judge in his own case."
Treaties
The President has the power to make treaties, which are agreements between nations that establish the rules and expectations for their relationship. Treaties are a crucial aspect of international relations and can cover a wide range of issues, including trade, military alliances, and border disputes.
Appointing Federal Judges
The President has the power to appoint federal judges, who are responsible for interpreting and applying the law in federal courts. These judges play a critical role in the US judicial system and are tasked with ensuring fair and impartial trials, ruling on legal disputes, and interpreting the Constitution.
The President's power to appoint federal judges is significant, as it allows them to shape the judicial system and influence legal interpretations for years to come. However, it is important to note that while the President has the power to nominate judges, these nominations are subject to confirmation by the Senate, as outlined in the Constitution's Appointments Clause.
Oral Reservation Requests: Legally Binding Contracts?
You may want to see also
The legislative branch is designed to separate powers between branches of government
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power. The legislative branch consists of Congress, which is made up of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. Representatives must be at least 25 years old, have been citizens of the United States for at least seven years, and live in the state they represent. The House of Representatives has the sole power of impeachment and the power to choose its Speaker and other officers.
The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms. The Senate seats are divided into three classes, with one-third of the seats being contested every two years. Senators must be at least 30 years old, have been citizens of the United States for at least nine years, and live in the state they represent. The Senate chooses its officers and a President pro tempore, who presides over the Senate in the absence of the Vice President.
The legislative branch has the power to make laws and exercise exclusive legislation over the district that is the seat of the federal government, as well as over places purchased by the federal government for the erection of forts, arsenals, and other necessary buildings. It also has the power to confirm or reject presidential nominations for heads of federal agencies, federal judges, and the Supreme Court. In addition, Congress can remove the president from office in exceptional circumstances.
The legislative branch's separation of powers between the Senate and the House of Representatives ensures that law-making is a collaborative process, requiring consensus and compromise between the two chambers. This design also reflects the federalist nature of the US government, where power is shared between the national government and the states. The legislative branch's role in confirming or rejecting presidential appointments and its power of impeachment further contribute to the separation of powers and act as checks and balances on the executive and judicial branches.
The Constitution and Annual Budgeting: A Requirement?
You may want to see also
Explore related products
![Processes of Constitutional Decisionmaking: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/71moo30Uh7L._AC_UY218_.jpg)
The Constitution limits state power by establishing lines that cannot be crossed
The US Constitution limits state power by establishing boundaries that cannot be crossed, a system referred to as "federalism". This system divides power between the national government and the state governments, with the Constitution serving as the source of all shared powers.
Article I of the US Constitution defines the powers of Congress, which include the authority to legislate for the United States. The Constitution also establishes the legislative branch, composed of the House and Senate, and outlines their respective powers.
The Constitution limits the powers of the states in relation to one another and in relation to the federal government. For example, states cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports. The Tenth Amendment further clarifies this division of powers, stating that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The Constitution also includes a Bill of Rights, which constitutes the first ten amendments and provides additional protections for individual rights. The privileges and immunities clause, for instance, prohibits states from discriminating against citizens of other states.
The US Constitution also establishes a system of checks and balances, where each branch of the government (legislative, executive, and judicial) has certain powers that are limited by the other branches. This system ensures that no single branch can dominate the others and protects against the concentration of power.
Executive Orders: Congress Approval Needed?
You may want to see also
The Tenth Amendment clarifies the federal government's limited powers
The Tenth Amendment to the United States Constitution clarifies the federal government's limited powers. It expresses the principle of federalism, which outlines the shared power between the federal government and individual states, agreed upon mutually. The amendment states that the federal government can only exercise the powers delegated to it by the Constitution, with all other powers not prohibited by the Constitution being reserved for the states or the people.
The Tenth Amendment's simple and direct language emphasizes that the federal government's powers are limited to those explicitly granted in the Constitution. This implies that any power not specifically granted to the federal government is retained by the states. The amendment reinforces the notion that the federal government should only have limited, enumerated powers, and any expansion of its powers beyond what is stated in the Constitution is not allowed.
The Tenth Amendment was proposed by the 1st United States Congress in 1789, during its first term after the Constitution was adopted. It was considered a prerequisite by many members before they would ratify the Constitution, particularly to address the concerns of Anti-Federalists, who opposed a strong federal government. The amendment's origins can be traced back to before the American Revolution, with Thomas Burke, a staunch supporter of states' rights, proposing the text that would eventually become the Tenth Amendment.
The Supreme Court has affirmed the Tenth Amendment's role in maintaining the balance of power between the federal and state governments. For example, in United States v. Darby (1941), the Court wrote that the amendment states the principle that "all is retained which has not been surrendered." Similarly, in United States v. Lopez (1995), the Supreme Court struck down a federal law mandating gun-free zones around public schools, ruling that the Constitution did not authorize such a law.
The Tenth Amendment has been interpreted and applied in various cases to limit the federal government's power over the states. For instance, in New York, the Court held that the federal government could not force a state to enact or enforce a federal law or regulation. This interpretation of the Tenth Amendment has been referred to as "cooperative federalism," where Congress encourages states to implement national programs that align with minimum standards.
The Constitution and Privacy: What's the Connection?
You may want to see also
Frequently asked questions
Federalism is a system of government in which power is divided between a national government and smaller political units, such as states. In the US, federalism is characterised by a national government of limited powers or "enumerated" powers.
The US Constitution recognises the powers of state governments, which traditionally include "police powers" relating to health, education, and welfare. The Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people."
Congress can exercise only the powers granted to it by the Constitution, mostly in Article I, Section 8. Examples of these powers include the power to regulate immigration and naturalization, coin money and regulate the currency, establish post offices, and grant patents and copyrights to promote science and the arts.
The President of the United States is the Commander in Chief of the Army, Navy, and Militia. The President has the power to grant reprieves and pardons for offences against the US (except in cases of impeachment) and to fill up all vacancies that may happen during the recess of the Senate.
