Omar Bennett
Constitutional government is defined by the existence of a constitution, which may be a legal instrument or a set of fixed norms or principles generally accepted as the fundamental law of the state. The constitution effectively controls the exercise of political power by distributing it among several state organs or offices, subjecting them to reciprocal controls and forcing them to cooperate in formulating the will of the state. In constitutional democracies, political parties are key institutions that mobilise and express the majority opinion of the modern mass electorate. Constitutionalism aims to curb rights-threatening government power and enhance freedom by creating two governments, federal and state, each with their own powers and responsibilities. The Supreme Court plays a crucial role in interpreting the constitution and determining whether Congress or state governments have exceeded their constitutional powers. Critical theorists offer various solutions, from overthrowing constitutional governments to working within existing systems to address issues like patriarchy.
| Characteristics | Values |
|---|---|
| Existence of a constitution | A legal instrument or a set of fixed norms or principles generally accepted as the fundamental law of the polity |
| Control of power | Distributed among several state organs or offices in such a way that they are each subjected to reciprocal controls and forced to cooperate in formulating the will of the state |
| Federalism | The creation of two governments, enhancing freedom and protecting the liberty of individuals from arbitrary power |
| Political parties | Key institutions that mobilise and express majority opinion in a modern mass electorate |
| Constitutional interpretation | Invokes a theory of political morality, concerned with interpreting the limits on government power and authority |
| Suffrage | Defined as a fundamental article of republican government |
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What You'll Learn
Federalism and the Constitution
Federalism is a concept embodied in the Constitution that refers to the division and sharing of power between the national and state governments. It involves a separation of powers that results in a powerful central government while preserving the liberty of the governed. The Constitution sets out the federal government's powers, with any powers not delegated to the federal government being reserved for the states.
The Articles of Confederation, the predecessor to the Constitution, gave most of the power to the states, with the federal government having limited powers to regulate the states or the national economy. The Framers of the Constitution aimed to solve this crisis by creating a strong national government with a written Constitution acting as the supreme law of the land. They proposed two solutions to allocate the federal government's powers: dividing the national government into three separate branches, each with its own roles and authorities, and establishing federalism to divide power between the federal and state governments.
The federal government is generally in charge of matters affecting the country as a whole, such as foreign policy and national defence, while state governments handle issues like education, health, safety, and the environment. The governments also share responsibilities in certain areas, such as levying taxes. Federalism allows states to shape policies that best fit their communities, leading to a diversity of approaches that sometimes benefit the nation as a whole. It also enables states to act as "laboratories of democracy," experimenting with new laws and policies that can later be adopted by other states or the nation.
The Supreme Court has frequently invoked constitutional provisions to determine whether Congress has exceeded its powers and infringed upon state sovereignty. While the Constitution grants Congress express or implied authority to act, states have the freedom to act unless the Constitution prohibits their actions. This balance of power between the federal and state governments ensures that neither entity holds unlimited authority over the other.
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The distribution of power
The essence of constitutionalism is the distribution of power among various state organs or offices, creating a system of checks and balances. This distribution of power ensures that no single branch of government holds absolute power, as each branch is subject to reciprocal controls and must cooperate in formulating the will of the state.
In the United States, for example, the Constitution establishes a system of federalism, with power distributed between the federal government and the state governments. The Tenth Amendment, for instance, reserves powers not delegated to the federal government to the states or the people. The Supreme Court has played a crucial role in interpreting and enforcing these constitutional boundaries, ruling on cases where Congress has exceeded its powers and infringed upon state sovereignty.
Constitutional governments have also been associated with mass participation in politics and democracy. In these systems, political parties are key institutions that mobilise and express the will of the majority of the people through free elections. They serve as a link between the rulers and the ruled, allowing the electorate to influence policy and choose their leaders.
However, critics of constitutionalism argue that it can lead to the suppression of certain groups, as the interpretation of the constitution is often left to a small group of unelected judges whose decisions may conflict with the interests and values of the wider community. These critics advocate for political decisions to be left to the people and their elected representatives, ensuring that power is distributed not only among state organs but also in the hands of the people.
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The role of political parties
Although the US Constitution does not mention political parties, they play a crucial role in the US government and have done so since the country's early history. Political factions or parties began to form during the struggle over the ratification of the federal Constitution of 1787. The Federalists, led by Alexander Hamilton, wanted a strong central government, while the Anti-Federalists, led by Thomas Jefferson, advocated for states' rights instead of centralised power.
Over time, the platforms and ideologies of political parties have evolved, and today, the United States operates within a multi-party system, with the Democratic and Republican Parties as the most influential players. The Republican Party, for example, tends to promote states' and local rights, favouring a free market and limited government regulation. They are generally "pro-life", opposing abortion rights, and are against extensive gun control legislation, citing the Second Amendment of the US Constitution.
Political parties are integral to the legislative process, as bills are passed jointly between the two chambers in Congress: the Senate and the House of Representatives. The president, however, has the power to veto a bill, demonstrating the interplay of political parties in the legislative process.
Political parties also play a significant role in elections, with incumbents often drawing the boundaries of their congressional districts to maintain power, a practice known as "gerrymandering." Despite concerns about the potential divisiveness of political parties, they have become a permanent fixture of American elections, shaping the landscape of presidential elections and influencing the direction of the country.
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The interpretation of the Constitution
One key aspect of interpreting the Constitution is the examination of the text itself. Judges consider the meaning of the words, taking into account the common understanding of those words at the time the Constitution was drafted. This textual analysis involves interpreting the structure and relationships outlined in the document, including the power dynamics between different institutions. The Supreme Court has the power to determine whether Congress has exceeded its constitutional authority and infringed upon state sovereignty.
Historical context also plays a significant role in interpreting the Constitution. Judges may refer to the historical circumstances surrounding the drafting and ratification of specific provisions to better understand their intent and meaning. This includes examining the Federalist Papers, which provide valuable insights into the framers' intentions and the principles underlying the Constitution.
In addition to textual and historical analysis, constitutional interpretation may involve considering traditions, laws, customs, and practices established after the ratification of a given provision. Judges may also apply principles of moral reasoning and weigh the consequences of a particular ruling, including concerns about judicial power and competence.
Interpreting the Constitution is a dynamic process that adapts to changing social, political, and legal landscapes. It requires a deep understanding of the document's history, structure, and underlying principles. By interpreting the Constitution, the Supreme Court plays a vital role in shaping the application of constitutional rights and maintaining a balance between the powers of the federal government and state governments.
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Constitutional democracy
A constitutional democracy is a form of government that utilizes a constitution—a written document that formally codifies the laws of the nation. It is a democratic form of government where the people are sovereign and the ultimate source of authority. The authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected.
The fundamental values of constitutional democracy reflect a concern for human dignity and the worth and value of each individual. The protection of certain basic or fundamental rights is the primary goal of government, and these rights may include life, liberty, property, employment, health care, and education. Constitutional democracies also recognize and protect the integrity of a private and social realm, including family, personal, and religious associations and activities.
Examples of countries with a constitutional democracy include Germany, Israel, Japan, and the United States.
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Frequently asked questions
A constitutional government is defined by the existence of a constitution that effectively controls the exercise of political power. This constitution may be a legal instrument or a set of fixed norms or principles generally accepted as the fundamental law of the polity.
The key feature of a constitutional government is the control of power by its distribution among several state organs or offices. This distribution of power subjects each organ or office to reciprocal controls and forces them to cooperate in formulating the will of the state.
Federalism is a system of government where power is divided between a central government and several regional governments. In the context of the United States, federalism refers to the division of powers between the federal government and state governments, as outlined in the Constitution.
Federalism in a constitutional government has several advantages, including enhanced freedom, the ability for states to experiment with novel government programs, and increased accountability of elected government officials.
Examples of constitutional democracies include the United States, England (after the Reform Act of 1832), and France, which has a hybrid presidential-parliamentary system with both an elected president and a presidentially appointed prime minister.
