Simone Lawson
The US Constitution is founded on several principles that work together to protect individual rights and liberties, while also establishing a strong central government. One of these principles is the separation of powers, which divides the system of government into three branches: the executive, the legislature, and the judiciary. This separation of powers aims to prevent tyranny and promote limited government, ensuring that no individual or group can abuse their power. Each branch functions independently yet cooperatively, exercising control over the actions of the other branches through checks and balances.
| Characteristics | Values |
|---|---|
| Federalism | A system of constitutional government in which power is divided into layers with several states on one level and an overarching federal government on another with authority balanced between the state and federal governments |
| Limited Government | The government has only the powers granted to it in the Constitution, and it can only conduct actions permitted by the constitution |
| Popular Sovereignty | The government is made by the people and exists to represent, protect, and serve them |
| Republicanism | A system of government in which power is shared between the national and state governments |
| Separation of Powers | The Constitution keeps the three branches of government (executive, legislative, and judicial) separate |
| Checks and Balances | Each branch of government needs to be limited in its power |
| Individual Rights and Liberties | Citizens have basic rights, freedoms, and liberties guaranteed by the Bill of Rights |
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Separation of Powers
The principle of separation of powers is a well-known concept derived from the text and structure of the US Constitution. It is not expressly referred to in the Constitution's text, but the document divides governmental power among three branches: the executive, the legislature, and the judiciary.
The separation of powers refers to the division of a system of government into these three branches, each with its own powers and responsibilities described in a separate article. In the US, this takes the form of the President, Congress, and the Supreme Court. No one is allowed to be in more than one branch at the same time, so it is not possible, for example, to be a member of Congress and work with the President in the executive branch.
The purpose of this separation is to preserve individual liberty by preventing the concentration of power in a single entity, which could lead to arbitrary and oppressive government action. The framers of the Constitution were influenced by the writings of French political philosopher Montesquieu, who argued for a separation of powers in his book "The Spirit of the Laws", published in 1748. Montesquieu based his model on the Constitution of the Roman Republic and the British constitutional system, where he discerned a separation of powers among the monarch, Parliament, and the courts of law.
To ensure the independence of each branch, the framers of the Constitution incorporated checks and balances that each branch could exercise against the actions of the others. For example, the President has the power to veto legislation passed by Congress, but Congress may overrule these vetoes by a supermajority vote of both houses. Congress also has the power to impeach and remove the President, Vice President, and civil officers of the United States.
The separation of powers is one of the "big ideas" of the US Constitution, along with limited government, republicanism, federalism, and popular sovereignty.
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Checks and Balances
The US Constitution is founded on several principles, one of which is checks and balances. This principle is designed to prevent tyranny and protect individual rights and liberties. The system of checks and balances ensures that no one branch of government becomes too powerful, and that government leaders are not above the law. Each of the three branches of government—the executive, the legislature, and the judiciary—exercises control over the actions of the other branches.
The executive branch, headed by the president, enforces the laws. The legislative branch, or Congress, makes the laws. The judicial branch, or the Supreme Court, interprets the laws. These branches are separate in terms of personnel, meaning that no individual can be a member of more than one branch at the same time. For example, in 2009, Barack Obama resigned from the Senate to become President, and Joe Biden resigned from the Senate to become Vice-President.
The checks and balances system allows each branch to "'check'" that the others are functioning within their given powers and that responsibilities are balanced among them. The legislative branch can amend, delay, or reject the president's legislation, as well as override their veto. The Senate, which is part of the legislative branch, has the power to confirm or reject the President's appointments and ratify treaties.
The legislative branch also has the power of impeachment, trial, and removal from office of any member of the executive or judicial branches, including the President. This is known as the "ultimate check", as the President holds no similar power over Congress. Congress can also propose constitutional amendments, effectively overturning a decision of the Supreme Court.
The judicial branch can declare actions of the executive branch, including the President, unconstitutional. This power of judicial review acts as a check on the executive branch's power.
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Republicanism
The values and ideals of republicanism are foundational to the constitution and history of the United States. In this context, republicanism does not refer to a political movement to abolish social class, as it does in countries such as the United Kingdom, Australia, and the Netherlands. Instead, it refers to the core values that citizenry in a republic have, or ought to have. These values include liberty, inalienable individual rights, and the recognition of the sovereignty of the people as the source of all authority in law. It also entails rejecting monarchy, aristocracy, and hereditary political power, as well as emphasising virtue and faithfulness in the performance of civic duties, and vilification of corruption.
The Founding Fathers wanted republicanism because they believed in the inborn right of the people to overthrow their leaders if those leaders betrayed the agreements implicit in the sovereign-follower relationship. This idea of popular sovereignty is reflected in the Preamble to the Constitution, which stresses that the government is made by the people and exists to represent, protect, and serve them.
The concept of republicanism in the US Constitution is also tied to the idea of federalism, where each state in the Union is guaranteed a Republican Form of Government, and is protected against foreign invasion and, upon request, against internal insurrection or rebellion. The Supreme Court has generally avoided addressing questions about the Guarantee Clause due to their political character, but it has occasionally ruled on the merits of such challenges.
The historical basis of republicanism in the United States can be traced back to the colonial intellectual and political leaders of the 1760s and 1770s, who closely studied history to compare governments and their effectiveness. The revolutionists were particularly concerned with the history of liberty in England and were primarily influenced by the "country party", which opposed the "court party" in power.
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Federalism
The principle of federalism was established to maintain a republic across a large and diverse nation. The US Constitution was designed to overcome the challenges presented by the country's size and the resulting diversity of interests, needs, and problems. Federalism allows for a dialogue between national authority and local self-rule.
The US Constitution strengthened the national government with powers such as declaring war, making treaties, and regulating interstate trade. At the same time, the Framers intended for the states to retain many of their powers under the Articles of Confederation, with the exact relationship between the national and state governments left somewhat undetermined. This dynamic tension between the national government and the states has resulted in what some describe as the "messiness" of the American constitutional system.
The Tenth Amendment of the Bill of Rights is particularly important for securing federalism. It ensures that the states retain all powers not granted to the national government, thus limiting the power of the national government and preserving the liberties of the people.
While the text of the Constitution does not clearly delineate all the boundaries between federal and state powers, the Supreme Court has invoked certain constitutional provisions to determine when Congress has exceeded its authority and infringed upon state sovereignty. Judges and scholars disagree on how the basic principles of federalism should be realized and whether the judiciary should enforce the interests of the states against the federal government.
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Popular Sovereignty
The concept of popular sovereignty also extends to the election of representatives. The people elect representatives who make decisions on their behalf and act as their voice in the government. This is evident in Article V of the Constitution, which allows for amendments through the elected representatives of the people. Furthermore, popular sovereignty played a crucial role in the admission of new states to the Union. During the mid-19th century, the concept of "squatter sovereignty" emerged, which held that the people of federal territories should decide whether their territories would enter the Union as free or slave states. This idea was applied in the organisation of territories in Utah and New Mexico in 1850 and was a pivotal factor in the passage of the Kansas-Nebraska Act of 1854, which repealed the prohibition of slavery north of latitude 36°30'.
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Frequently asked questions
The US Constitution separates the three branches of government: the executive, the legislature, and the judiciary. This principle, influenced by French philosopher Montesquieu, ensures that each branch has separate powers and responsibilities, promoting independence and preventing tyranny.
The US Constitution establishes a system of checks and balances among the three branches of government. This principle ensures that each branch can hold the others accountable, preventing any one branch from becoming too powerful and protecting citizens' rights, freedoms, and liberties.
Republicanism in the US Constitution refers to a system of government based on popular sovereignty. Power is shared between national and state governments, with elected representatives governing according to law and being accountable to citizens.
