Founders' Intent: The System's Balance

The framers of the US Constitution required a system of checks and balances to ensure that no single branch of government could accumulate too much power. This system, also known as the separation of powers, divides the government into three branches: the legislative, executive, and judicial. Each branch has specific powers and serves as a check on the others to prevent abuses of power and protect individual liberty. The framers' experience with the British monarchy and the influence of political theorists such as Aristotle, Baron Charles de Montesquieu, and William Blackstone informed their belief in the importance of separating and balancing governmental powers.

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The framers wanted to limit populist power

The Framers of the American Constitution were visionaries who designed the Constitution to endure. They sought to address the specific challenges facing the nation during their lifetimes and to establish foundational principles that would sustain and guide the new nation into an uncertain future. While the framers believed majority rule to be the best system of government, they also knew it to be imperfect. They understood that political majorities may be tempted to enact laws that entrench their own authority, and that prejudice, hostility, and intolerance may lead governing majorities to neglect the needs and interests of minorities.

Michael Klarman, an expert in American constitutional law and history at Harvard, says that the framers wrote anti-populism into the U.S.’ founding document. The framers tried to insulate Congress from populist pressures. Before the 17th Amendment was ratified in 1913, senators were selected by state legislators and not directly elected by voters. Members of the Senate were also given longer terms of office – six years – to further insulate them from undue populist influence.

The framers also considered how to shield the judiciary from populist influence. To safeguard their political independence, federal judges were vested with tenure “during good behavior” and protection from salary diminution. The framers wanted to insulate the federal government from political accountability relative to the Articles of Confederation or contemporaneous state governments.

Klarman argues that the Federalists triumphed because they managed to avoid offering the American people the option that most of them probably would have favored: ratification of the Constitution together with amendments to significantly limit the power of the new national government and to alter its structure to permit greater populist influence.

The framers wanted to limit the political influence of citizens

The framers of the US Constitution were concerned about the relative political influence of the voting public, particularly through their control over state governments. They believed that the nation's first charter, the Articles of Confederation, was deficient in several major ways. The framers wanted to limit the political influence of citizens, and one way they addressed populism was to ensure that the president was selected not by individual voters but by a body of electors chosen by the states. The framers tried to insulate Congress from populist pressures, too. Before the 17th Amendment was ratified in 1913, senators were selected by state legislators, not directly elected by voters. Members of the Senate were also given longer terms of office—six years—to further insulate them from populist influence. The framers also kept the House of Representatives relatively small to limit its populist inclinations.

The framers of the Constitution were also concerned about the power of Congress. They limited federal legislative power to those powers expressly mentioned in the Constitution and the power to make all laws necessary to carry out the federal government's limited powers. The framers' experience as colonists living under the rule of the powerful British Parliament of the 1700s influenced this decision. The framers wanted to preserve individual liberty and prevent Congress from becoming too powerful. They also gave the president a qualified veto power over legislation to serve as a check on congressional power.

The framers of the Constitution were visionaries who designed the document to endure. They sought to address the specific challenges facing the nation during their lifetimes and establish foundational principles to guide the new nation into an uncertain future. The framers understood that political majorities may be tempted to enact laws that entrench their authority and that fundamental freedoms and structural limitations may be sacrificed in times of crisis. They intended courts to play a central role in addressing these concerns. The framers also believed it was possible to have national politics without political parties, which influenced the creation of the Electoral College system. They envisioned a nation led by a natural aristocrat who was above partisanship, such as George Washington.

The framers wanted to prevent states from issuing currency or providing debt relief

The framers of the US Constitution were concerned about limiting populist power and insulating the federal government from political accountability. They were also conscious of the possibility of political majorities enacting laws that entrenched their authority and the potential for governing majorities to neglect the needs and interests of minorities.

State politicians began passing various debt relief measures, which were popular with debtor farmers but not with the nation's propertied or creditor classes, including many of the framers. The framers believed that the government was created to protect property, not redistribute it. They also wanted to prevent states from issuing currency to maintain a uniform national currency.

The Constitution's framers sought to address the specific challenges facing the nation during their lifetimes and to establish foundational principles to guide the new nation into an uncertain future. They wanted to limit populist power and ensure that the president was selected by a body of electors rather than individual voters. They also wanted to insulate Congress from populist pressures, giving senators longer terms of office to prevent undue populist influence.

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The framers wanted to ensure the protection of fundamental freedoms

The framers of the US Constitution were visionaries who sought to address the specific challenges facing the nation during their lifetimes and to establish foundational principles that would guide the new nation into an uncertain future. They understood that majority rule was the best system of government, but also recognised its imperfections. The framers were aware that political majorities may be tempted to enact laws that serve their interests, and that in times of crisis, people may readily sacrifice fundamental freedoms. They intended for courts to play a central role in addressing these concerns.

The Constitution defines fundamental freedoms in general terms, including freedom of speech, due process of law, the free exercise of religion, equal protection under the law, and protection from cruel and unusual punishment. The framers wanted to ensure that these freedoms were protected and guaranteed for all citizens. They recognised that courage was essential to maintaining liberty and sought to establish a system that would endure and adapt to changing circumstances.

To achieve this, the framers took steps to limit populist power. They designed a system where the president was selected by a body of electors chosen by the states, rather than by direct popular vote. They also gave Congress the power to quell tax rebellions and included provisions prohibiting states from issuing currency or providing debt relief. Additionally, before the 17th Amendment was ratified in 1913, senators were selected by state legislators rather than directly elected, and they were given longer terms of office to insulate them from populist influence.

The framers also recognised the importance of a strong central government and the need to revise the Articles of Confederation, which had no enforcement powers and could not regulate commerce or print money. They established a system with a separation of powers, where legislative powers were vested in a Congress consisting of a Senate and a House of Representatives, and the executive powers were held by the president. The framers compromised on congressional representation by basing it on population while also giving each state equal representation in the Senate.

Overall, the framers of the Constitution sought to protect fundamental freedoms by creating a system of checks and balances, limiting populist influence, and establishing a strong central government with defined powers and freedoms. They recognised the importance of adaptability and courage in maintaining liberty and justice for all citizens.

The framers wanted to ensure the government had the power to enforce laws

The framers of the US Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes while also establishing foundational principles that would sustain and guide the new nation into an uncertain future. They understood that political majorities may be tempted to enact laws that serve their interests and that prejudice, hostility, and intolerance may lead governing majorities to disregard the needs of minorities. Thus, they intended for courts to play a central role in addressing these concerns and ensuring equal protection of the laws.

To prevent one branch of government from becoming too powerful, the framers structured the government with three separate but equal branches: the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law). This system of checks and balances ensures that each branch has its own authority and depends on the others for the government to function.

The framers also recognised federalism, which refers to the division and sharing of power between the national and state governments. By allocating power among state and federal governments, they sought to establish a unified national government with limited powers while maintaining autonomy for state governments to exercise their own police power. This diffusion of power was seen as a way to preserve liberty and protect individuals from arbitrary power.

In addition, the framers included provisions in the Constitution to limit populist power. For example, the president is selected by a body of electors chosen by the states rather than by individual voters. Senators were originally selected by state legislators and served six-year terms to insulate them from populist influence. These measures reflect the framers' intention to ensure that the government had the power to enforce laws while also balancing the interests of different groups within the nation.

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