Jonah Patel
The US Constitution divides power in two ways. Firstly, it divides power between the three branches of the federal government: the legislative branch, the executive branch, and the judicial branch. This is known as the separation of powers. Secondly, it divides power between the federal and state governments, granting certain powers to the national government, such as the ability to declare war, and certain powers to the state governments, such as the power to regulate trade within state boundaries. This is known as federalism.
| Characteristics | Values |
|---|---|
| Separation of Powers | Legislative, Executive, and Judicial |
| Federalism | Division and sharing of power between national and state governments |
| Checks and Balances | Veto power, appointments, treaties, judicial review, impeachment |
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What You'll Learn
Separation of powers
The separation of powers is a doctrine of constitutional law that divides the three branches of the US government—the executive, legislative, and judicial—ensuring that each branch has separate and independent powers and functions.
The legislative branch, or Congress, is responsible for creating laws or statutes. It is divided into two houses: the House of Representatives, which has a number of representatives proportional to each state's population, and the Senate, which provides each state with equal representation, with two senators each.
The executive branch is led by the President and is responsible for enforcing the laws created by the legislative branch. The President has the power to veto legislation passed by Congress, but Congress can overrule this veto with a supermajority vote from both houses.
The judicial branch is headed by the Supreme Court and is responsible for judicial review of the actions of the other two branches. The Supreme Court can determine whether one branch's actions have infringed upon the core functions of another.
The framers of the US Constitution sought to divide governmental power among these three branches to preserve individual liberty and prevent the concentration of power in a single entity, which they believed could lead to arbitrary and oppressive government action. This system of checks and balances aims to prevent any one branch from taking over the duties of another and to promote interdependence and the sharing of power among the branches.
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Federalism
The US Constitution divides power between the three branches of government: the legislative branch, the executive branch, and the judicial branch. This is known as the separation of powers. The legislative branch is further divided into the US House of Representatives and the US Senate. The House of Representatives is composed of representatives proportionate to each state’s population, while the Senate is organised under the principle of equal state representation, with each state receiving two senators regardless of its population.
The framers of the US Constitution sought to strike a balance between creating a powerful national government and protecting the liberties of the American people. They divided power in two ways: first, between the three branches of government, and second, between the national government and the states under a system of federalism. This diffusion of power is known as noncentralization, which ensures that the authority to exercise political power cannot be taken away from the general or state governments without common consent.
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Checks and balances
The US Constitution divides the government into three independent branches: the legislative, executive, and judicial. This separation of powers is a crucial safeguard against potential abuses of power by any single entity.
However, the separation of powers alone is insufficient to prevent the accumulation of power by any one branch. Therefore, the constitutional principle of checks and balances was introduced to provide each branch with the means to defend its legitimate powers against the encroachment of others.
The executive branch can issue executive orders, which have the force of law, but the judicial branch can declare those acts unconstitutional. The President nominates Supreme Court justices and other judges, but the Senate in the legislative branch confirms these nominations, and Congress can impeach and remove judges from office.
The checks and balances system reflects the belief that the legislative branch, as the direct representatives of "We the People", should be the superior branch and, therefore, most in need of restraint.
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Limited government
The concept of limited government is deeply rooted in the belief that governmental power should be restricted to prevent abuses and protect individual liberties. This idea was influenced by the framers' opposition to statism, absolutism, and totalitarianism in the eighteenth century. The U.S. Constitution, written in 1787, further extended the idea of limited government by separating the powers of state and federal governments and dividing the federal government into three branches: legislative, judicial, and executive. This separation of powers was intended to prevent any single person or interest group from controlling the entirety of government power.
The Magna Carta, drafted in 1215, is considered one of the earliest written descriptions of limited government. It limited the power of the English king by granting certain rights to the country's nobility. John Locke, a liberal philosopher, also made significant contributions to the concept of limited government. He argued that the powers of the government should be restricted to only what the people allow and outlined several specific limitations on government power, including the principles of equality before the law, no taxation without representation, and the separation of powers.
In practice, limited government often involves protecting individual liberty from government intrusion and ensuring that the government only exercises the powers specifically named in its constitution. This can be achieved through a system of checks and balances, where different branches of government can restrain abuses committed by other branches. While limited government seeks to minimize interventions in trade or commercial activity, it does not advocate for a completely hands-off approach. Instead, it aims to create a balanced approach that serves the common good.
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Popular sovereignty
The concept of popular sovereignty has been expressed in various constitutions around the world. In the United States, it was asserted as a founding principle in the Declaration of Independence of 1776, which states that legitimate governments derive their powers from the "consent of the governed." The framers of the U.S. Constitution further proclaimed popular sovereignty in the document's Preamble: "We the people of the United States... do ordain and establish this Constitution for the United States of America."
In other countries, popular sovereignty is also recognised as a fundamental principle. For example, the 1988 constitution of Brazil asserts in Article 1 that "all power emanates from the people," who may exercise it through their elected representatives or directly as provided by the constitution. Similarly, Article 2 of the 1992 constitution of the Republic of Lithuania states that "the State of Lithuania shall be created by the people," and sovereignty is vested in them.
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Frequently asked questions
Federalism. This principle ensures that power is not concentrated in one central government but is divided between the national government and the state governments.
Dividing power prevents tyranny and the abuse of power. It also slows down politics and promotes deliberation and compromise.
The legislative branch, the executive branch, and the judicial branch.
