Simone Lawson
The US Constitution's six principles of limited government, republicanism, checks and balances, federalism, separation of powers, and popular sovereignty are still debated more than 220 years after its ratification. These principles were established to prevent tyranny, protect individual rights and liberties, and enable a strong central government. The first three principles refer to the structure and power of government, with limited government highlighting that the government only has the powers granted in the Constitution, republicanism referring to a system of government based on popular sovereignty, and checks and balances ensuring that no person or group can abuse their powers. Federalism, separation of powers, and popular sovereignty complete the six principles, with the former two focusing on the division of power between the national and state governments and between the three branches of government, respectively, and the latter stressing that the government is made by the people and exists to represent, protect, and serve them.
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What You'll Learn
Separation of powers
The principle of separation of powers in government refers to the division of the legislative, executive, and judicial functions among separate and independent bodies. The separation of powers aims to maintain the integrity of each branch of government by ensuring that each branch has a distinct and independent function.
The first constitutional document to establish this principle was the Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host, written in 1710 by Ukrainian Hetman Pylyp Orlyk. This document established the separation of powers between the legislative, executive, and judiciary branches. An earlier version of this tripartite system was articulated by John Locke in his work "Two Treatises of Government" (1690), in which he distinguished between legislative, executive, and federative power. Locke defined legislative power as having "the right to direct how the force of the commonwealth shall be employed", while executive power entailed the "execution of the laws that are made".
The separation of powers is designed to limit the possibility of arbitrary excesses by the government. This is achieved by requiring the sanction of all three branches for the making, executing, and administering of laws. The doctrine may be traced back to ancient and medieval theories of mixed government, which argued that the processes of government should involve different elements of society, such as monarchic, aristocratic, and democratic interests.
In modern constitutional systems, the rigid separation of powers has been somewhat lost due to the increased involvement of governments in various aspects of social and economic life. This has resulted in an enlargement of executive power, particularly after World War II. Some have argued for the reassertion of the separation of powers to protect individual liberty, while others have favoured establishing means of appeal against executive decisions, such as through an ombudsman.
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Checks and balances
The principle of checks and balances is one of the "Big Ideas" of the US Constitution. It is a system of government that prevents tyranny by dividing power into layers, with several states on one level and a federal government on another, with authority balanced between the two.
The US Constitution divides the federal government into three branches: the legislative, which makes the laws; the executive, which enforces the laws; and the judicial, which interprets the laws. Each branch has its own responsibilities, including overseeing the other branches, to ensure that no person or group can abuse their powers.
The legislative branch is composed of Congress, which is responsible for making laws and is the first step in the process of checks and balances. The legislative branch has the power to check the executive branch by confirming or rejecting the president's appointments and ratifying treaties. It can also impeach the president for "treason, bribery, or other high crimes and misdemeanours".
The executive branch is headed by the president, who is responsible for enforcing the laws. The president has the power to check the legislative branch by vetoing bills passed by Congress, although Congress can override this veto with a two-thirds majority vote in both houses. The executive branch also includes the departments of the federal government, such as the State, Treasury, and Defense Departments, which are led by the president's Cabinet secretaries.
The judicial branch interprets the laws and is composed of the federal court system, with the Supreme Court at its head. The judicial branch has the power to check both the legislative and executive branches by reviewing and ruling on the constitutionality of laws and actions.
The system of checks and balances ensures that power is balanced between the three branches of government and that no one branch becomes too powerful. It also allows for a system of government that is responsive to the people, as the people elect representatives to Congress and the president, and the judicial branch is appointed by the president with the advice and consent of the Senate.
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Federalism
The relationship between the federal government and the states has been a source of controversy, with judges and scholars disagreeing on how the principles of federalism should be realized. The federal government has broad powers, and federal laws take precedence over conflicting state laws. The states, however, have an independent power to interpret the Constitution faithfully and can resist any unconstitutional acts by the federal government.
The Supreme Court has also played a role in shaping federalism through its interpretations of the Constitution. For example, the Rehnquist Court developed what became known as "New Federalism," which sought to protect state sovereignty. In cases like New York v. United States (1992) and Gregory v. Ashcroft (1991), the Court attempted to establish a zone of state autonomy that the federal government could not invade.
In conclusion, federalism is a fundamental principle of the US Constitution that establishes the relationship between the federal government and the states. While there have been debates and court interpretations about the exact nature of this relationship, federalism cannot be eliminated without drastically altering the structure of the US government and the balance of power between the states and the federal government.
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Limited government
The principle of limited government is one of the six big ideas underpinning the US Constitution. It holds that the government has only the powers granted to it by the Constitution and can only take actions permitted by it. This principle is designed to prevent tyranny and protect individual rights and liberties.
The framers of the Constitution wanted to create a strong national government to address the weaknesses of the Articles of Confederation, but they also wanted to enable state governments to address local issues. They established a system of federalism, with power divided between the states and an overarching federal government. This balance of power between the state and federal governments is intended to prevent any one person or group from abusing their power.
The Constitution keeps the three branches of government—executive, legislative, and judicial—separate, with each branch having its own powers and responsibilities, including overseeing the other branches. This separation of powers further limits the government's authority and helps to ensure that no branch becomes too powerful.
The principle of limited government also reflects the belief that power originates with the people, who can exercise that power to make decisions affecting their own and other Americans' lives. Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights, and no laws can be passed to take away those rights. Government leaders are not above the law; their powers are limited by it.
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Popular sovereignty
The philosophical underpinnings of popular sovereignty can be traced to John Locke's "Second Treatise of Civil Government", where he argues that all individuals are inherently equal and free, unbound by the will or authority of another. According to Locke, the formation of any legitimate government stems from the consent of free individuals uniting to establish a political society. This idea is echoed in the U.S. Constitution's Preamble, which emphasizes that the government is created by the people and exists to represent, protect, and serve them.
The principle of popular sovereignty in the U.S. Constitution has significant implications for governance. It establishes a system of representative government, where power is derived from the people's consent. This consent serves as the basis for the authority of elected officials and institutions, ensuring that they govern with the people's interests in mind. The separation of powers, as outlined in the Constitution, further reinforces this principle by dividing authority across the executive, legislative, and judicial branches, preventing the concentration of power in any single entity.
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