Simone Lawson
The Framers of the Constitution had two main goals: to create a fair and balanced government and to establish a government with enough power to act at a national level, but without so much power that it would threaten fundamental rights. The Framers sought to address the challenges facing the nation at the time and to establish foundational principles to guide the country into the future. They wanted to ensure that each branch of the government was balanced and that no one part of the government could dominate the others. This was achieved through the separation of powers and a system of checks and balances.
| Characteristics | Values |
|---|---|
| Separation of powers | Preventing any one branch of government from gaining supremacy |
| Checks and balances | Protecting the rights of the people |
| Fair and balanced government | Protecting fundamental freedoms |
| Preventing misuse of power | Freedom of speech |
| Due process of law | |
| Free exercise of religion | |
| Equal protection of the laws | |
| Protection from cruel and unusual punishment |
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![Founding Fathers [DVD]](https://m.media-amazon.com/images/I/71f9-HsS5nL._AC_UY218_.jpg)
What You'll Learn
Separation of powers
One of the two main goals of the framers of the US Constitution was to ensure a separation of powers between the three branches of government: the Executive, the Legislative, and the Judiciary. This was to prevent any one branch from dominating the others and to safeguard against the misuse of power.
The Founding Fathers wanted to make sure that no one person, party, or group could gain control of the government. To achieve this, they proposed a national government where power was divided among the three branches, each with its own distinct rules, responsibilities, and powers. This system is known as the ""separation of powers."
The Executive Branch, comprising the President, Vice President, and the President's Cabinet members, is responsible for implementing and enforcing the laws passed by Congress. The President also acts as the commander-in-chief of the military and has the power to appoint federal judges and other important government officials.
The Legislative Branch, or Congress, is responsible for writing laws and raising money for the government through taxes.
The Judiciary, with the Supreme Court at its apex, interprets the laws and decides on their constitutionality. The Supreme Court justices are appointed by the President and approved by the Senate. They cannot be removed once appointed unless they commit a crime or become unable to perform their duties.
The separation of powers is further strengthened by a system of checks and balances among the three branches. This ensures that each branch has a degree of control over the others, creating a balance of power and preventing any one branch from becoming too powerful.
The Framers of the Constitution, visionaries in their own right, sought to establish foundational principles that would sustain and guide the new nation into an uncertain future. They wanted to create a fair and balanced government that would protect the fundamental rights of its citizens. The Constitution, therefore, defines fundamental freedoms in broad terms, such as freedom of speech, due process of law, freedom of religion, and protection from cruel and unusual punishment.
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Checks and balances
One of the two main goals of the framers of the US Constitution was to establish a fair and balanced government. To achieve this, the Founding Fathers proposed a national government where power was divided between three separate branches: the Executive, the Legislative, and the Judiciary. This is known as the "separation of powers".
The other branches of the Constitution also explain how they are supposed to work with state governments. For example, the police are local (city and county), schools are state-run, and the armed forces are federal.
The framers of the Constitution wanted to ensure that each branch of government was balanced so that no one part of the government could dominate the others. To achieve this goal, the Constitution provides "checks and balances" among the three branches.
The "checks and balances" system is designed to prevent the accumulation of powers in the hands of a single branch of government, which could lead to tyranny. Each branch has its own rules, responsibilities, and powers, and they work together to produce outcomes that impact everyday life in America.
The Executive Branch, for example, is responsible for implementing and enforcing the laws passed by Congress. The President, as the head of the Executive Branch, has the power to "veto" laws passed by Congress if they do not think the law should go into effect. However, Congress also has a check on the President's power, as they can override a presidential veto with a two-thirds majority vote in both houses.
The Judicial Branch, led by the Supreme Court, also plays a crucial role in the "checks and balances" system. The Supreme Court is the highest court in the nation and is responsible for interpreting the Constitution and determining the constitutionality of laws. The justices are appointed by the President and approved by the Senate, ensuring a neutral group that is not appointed based on current political thought.
The Framers intended for the courts to play a central role in protecting the rights of individuals. Thomas Jefferson, James Madison, and Alexander Hamilton all emphasized the importance of an independent judiciary in preserving constitutional protections and guarding against encroachment on individual rights.
Through the "checks and balances" system, the framers of the Constitution sought to create a government with enough power to act on a national level while also ensuring that fundamental rights were protected and that no single branch of government could become too powerful.
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Protection of rights
The Framers of the American Constitution were visionaries who sought to establish foundational principles that would sustain and guide the new nation into an uncertain future. The Constitution, as drafted, aimed to create a government with enough power to act on a national level without risking fundamental rights. This was achieved through a system of checks and balances and the separation of powers into three branches: the Executive, the Legislative, and the Judiciary.
The Framers wanted to ensure that each branch of government was balanced so that no one part could dominate the others. They believed that by dividing power, they could prevent the misuse of power and protect the rights of citizens. The Constitution, therefore, serves as a source of limitations on the government, safeguarding the fundamental rights of United States citizens.
The Framers also intended for courts to play a crucial role in protecting rights. They envisioned independent tribunals of justice that would act as guardians of those rights, resisting any encroachment upon them. This belief is reflected in the text of the Constitution, which defines fundamental freedoms in general terms, including "freedom of speech," "due process of law," "free exercise" of religion, "equal protection of the laws," and protection from "cruel and unusual punishment."
The interpretation and application of these principles have evolved over time to adapt to societal changes. For example, the meaning of "search" in the Fourth Amendment has been expanded to include invasions of privacy beyond physical trespass due to technological advancements. The Framers' values, concerns, and purposes continue to inform and guide constitutional interpretation, ensuring the protection of rights in an ever-changing society.
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Judicial independence
The Founding Fathers of the United States Constitution had two main goals: to set up a fair and balanced government, and to ensure that each branch of government was balanced so that no one part could dominate the other. This was achieved through the separation of powers into three branches: the Executive, the Legislative, and the Judiciary.
The third branch, the Judiciary, is a pillar of this system, and its independence is crucial. Judicial independence is the insulation of judges from the influence of the other branches of government, as well as shifting popular opinion. This allows judges to make decisions based on what is right under the law, without facing political or personal consequences.
The Founding Fathers intended for courts to play a central role in upholding the Constitution. Thomas Jefferson, James Madison, and Alexander Hamilton all emphasised the importance of an independent judiciary in protecting the rights of individuals. The Constitution, therefore, grants judges the power to do their jobs and uphold the rule of law, but it also sets out ways to prevent them from abusing their power.
Article III of the Constitution establishes the judiciary as one of the three equal branches of the federal government. It also states that judges "shall hold their offices during good behaviour". This means that judges have life tenure, keeping their jobs until they choose to quit or engage in misconduct, thus ensuring their independence from political pressures.
To prevent abuse of power, there are checks on judicial power built into the Constitution. One such check is impeachment, which allows for the removal of judges who commit high crimes or misdemeanours. Another check is the Judicial Code of Conduct, which establishes ethical principles that judges must abide by.
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General principles
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their time and to establish foundational principles that would sustain and guide the new nation in the future. The Constitution reflects this vision by defining fundamental freedoms in general terms, such as freedom of speech, due process of law, free exercise of religion, equal protection of laws, and protection from cruel and unusual punishment. It also sets forth governmental powers, outlining the roles of Congress, the President, and the courts.
The Framers intended to create a fair and balanced government, ensuring that each branch was balanced so that no one part of the government could dominate the other. This principle, known as the "separation of powers," divided power among the Executive, Legislative, and Judicial branches, each with its own rules, responsibilities, and powers. The Framers also included "checks and balances" to prevent the accumulation of power in any one branch and protect the rights of the people.
The Framers wanted to make it difficult for one person, party, or group to gain control of the government. They proposed a national government with a separation of powers to prevent the misuse of power. The Constitution provides for an independent judiciary, with courts playing a central role in safeguarding individual rights and interpreting the Constitution in a changing society.
The preamble of the Constitution, drafted in 1787, sets out the intentions of the Framers and the purpose of the document. It communicates the Framers' desire to establish justice and outlines four other objectives, forming the basis for the highest law of the land. The Framers, through the Constitution, aimed to create a government with sufficient power to act at a national level while ensuring that fundamental rights were protected.
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