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Given this underlying purpose of the Constitution, this introductory essay examines two fundamental questions, with which the Supreme Court, scholars, and other constitutional actors perennially wrestle: (1) what are the Nation’s basic values that the Constitution protects; and (2) who should serve as the final interpreter of the Constitution ...
- Popular Sovereignty. “We the people…” the first three words of the preamble to the Constitution describes the essence of popular sovereignty. The power in the government of the United States comes directly from the people.
- Limited Government. Limiting the power of government was extremely important to the founding fathers who had just overthrown a tyrannical king. The government of the United States is limited by our written laws.
- Separation of Powers. The constitutional principle of separation of powers refers to the division of powers within the government. This separation of powers creates a government in which there is no concentration of power in any one branch, power is equally divided.
- Checks and Balances. The principle of checks and balances is closely related to separation of powers. This principle explains the concept of each of the three branches of government having the authority to check the power of the others.
People also ask
What are the principles behind the American governmental system?
How did the US Constitution structure the government?
How does the Constitution restrict the power of government?
How is the power of the US government constrained?
- Overview
- Key points
- The structure of US government: separation of powers
- The structure of US government: checks and balances
- What’s important about separation of powers and checks and balances?
The power of US government is constrained by the separation of powers and checks and balances between branches.
•The Framers of the US Constitution structured the government so that the three branches have separate powers. The branches must both cooperate and compete to enact policy.
•Each of the branches has the power to check the other two, which ensures that no one branch can become too powerful and that government as a whole is constrained.
By the late 1780s, it had become clear that the first governmental system of the United States, the Articles of Confederation, wasn’t working. The central government under the Articles lacked a strong executive and a method for resolving disputes at the national level.
But adding a strong executive branch to the US government might pose the opposite problem. Would an executive, wielding the power of the army, become too powerful? Would a federal government with more power overall soon become tyrannical?
At the Constitutional Convention, the Framers debated these issues. Their ultimate solution was to separate the powers of government among three branches—legislative, executive, and judicial—so that each branch had to cooperate with the others in order to accomplish policymaking goals. For example, although the executive branch commands the military, only the legislative branch can declare war and make funds available to pay and provision the army. Therefore, both the legislative branch (Congress) and the executive branch (the president) must consent for the United States to go to war.
Accordingly, each branch of government has unique powers. As the branch most responsive to the will of the people (who elect its members), Congress has the power to pass laws, declare war, ratify treaties, and levy taxes. The executive branch conducts foreign affairs and commands the armed forces. The judicial branch interprets the laws of Congress and the actions of the president to determine whether they are constitutional.
Check your understanding
Which of the following is the best definition of separation of powers?
In addition to separating powers among the branches, the Framers gave each branch the power to check, or stop, the actions of the other two branches in meaningful ways. For example, the president has the power to veto, or reject, laws made by Congress. But Congress can balance out that power in its turn by overriding the president’s veto with a two-thirds vote.
This system of checks and balances keeps each branch of government from overstepping its bounds, and consequently, the federal government itself from becoming too powerful.
Check your understanding
Which of the following is the best definition of checks and balances?
Choose 1 answer:
Choose 1 answer:
How does the structure of US government affect its citizens?
First, the separation of powers in the government means that making law is a long, complex process. Although this slows the pace of policymaking considerably, the Framers intended for it to be difficult for the government to act. The positive consequence of this system is that it gives people many opportunities to influence law as it travels through the policymaking process from initial idea to final implementation. For example, if Congress passes a law that a citizen disagrees with, that citizen can work to persuade the president to veto that law.
Second, checks and balances ensure that the government is working for the people’s interest and following the law. Government officials who commit crimes or abuse the power of their office may be impeached. Impeachment is the process of making formal charges against a public official. An official who is impeached undergoes a trial, and if convicted, he or she is removed from office. This process demonstrates that in the United States, no one is above the law, not even the highest public officials.
[Notes and attributions]
- Article I assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate.
- Article II details the Executive Branch and the offices of the President and Vice President. It lays down rules for electing the President (through the Electoral College), eligibility (must be a natural-born citizen at least 35 years old), and term length.
- Article III establishes the Judicial Branch with the U.S. Supreme Court as the federal court system’s highest court. It specifies that Federal judges be appointed for life unless they commit a serious crime.
- Article IV outlines states’ powers in relationship to each other. States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states.
- Missy Sullivan
- 1 min
- The Preamble to the U.S. Constitution. The Preamble outlines the Constitution's purpose and guiding principles. It reads: The Bill of Rights were 10 amendments guaranteeing basic individual protections, such as freedom of speech and religion, that became part of the Constitution in 1791.
- Articles of Confederation. America’s first constitution, the Articles of Confederation, was ratified in 1781, a time when the nation was a loose confederation of states, each operating like independent countries.
- Forming a More Perfect Union. On May 25, 1787, the Constitutional Convention opened in Philadelphia at the Pennsylvania State House, now known as Independence Hall, where the Declaration of Independence had been adopted 11 years earlier.
- Debating the Constitution. The delegates had been tasked by Congress with amending the Articles of Confederation; however, they soon began deliberating proposals for an entirely new form of government.
A high-level overview of the principles behind the American governmental system, including separation of powers and checks and balances. The US Constitution creates a complex, competitive policymaking process in order to ensure that the people’s will is represented and that freedom is preserved.
Basic Principles Reflected in the United States Constitution. Powers of government are restricted by the Constitution. Voters hold the sovereign power and elect representatives to exercise power for them. Each of the three branches of government exercises some control over the others, sharing power among them.
