The document discusses six main principles of the US Constitution:
1) Popular sovereignty - the idea that the government's power comes from the consent of the governed.
2) Federalism - the division of power between state and national governments. This was chosen over a unitary system due to failures of the Articles of Confederation.
3) Separation of powers - the division of government into three branches (legislative, executive, judicial) to prevent any one branch from gaining too much power.
4) Checks and balances - each branch has some control over the others to limit their power, such as the president's veto power and Congress' ability to override vetoes.
5) Judicial review - the courts
An explanation of the checks and balances built into the US Constitution including historical timeline on how those checks and balances have been eroded.
An explanation of the checks and balances built into the US Constitution including historical timeline on how those checks and balances have been eroded.
Political Science110615 (Late)1. Please explain how the .docxsarantatersall
Political Science
11/06/15 (Late)
1.
Please explain how the Constitution provides for a system of separation of powers and checks and balances.
“The accumulation of all powers, legislative, executive and judicial in the same hands, whether of one, a few, or many, and whether hereditary, self–appointed, or elective, may justly be pronounced the very definition of tyranny” (James Madison, Federalist No. 51, 1788).
Our country’s system of government rests on a separation of powers. (Inside federal courts) Our founding fathers were clear that there must be a separation of power, so they created three equal branches to prevent any one branch from gaining too much power over the other. The three branches that make up our government are: Judicial (Supreme court), Executive (President), and Legislative (Congress including the house of representatives and the senate). Any of the three branches of the government having too much power over the other disallows the existence of liberty amongst the people for whom the government was established.
While creating the government and how it should work, the founding fathers wanted to make sure that this new system of self-governing they laid out remained as they designed it. By creating the Constitution of the United States of America they could protect and preserve the newly created democratic system of governing. Our founding fathers knew all too well how an excessive amount of power in the hands of one government branch or person could turn quickly into a dictatorship. In fact, the separation of powers doctrine, is included in the Constitution, to ensure that the three branches of government remain separate.
Furthermore,
James Madison posed the question “What will prevent the accumulation of power in the absence of pure separation?”
(James Madison, Federalist No. 51, 1788).
James Madison
knew that there must be a system of checks and balances so the different branches of government could “watch” over one another to prevent corruption within any of the three branches of government and to allow for shared power and accountability between the three branches that make up our government. Some examples of how each of the three branches have shared power over the other include but are not limited to: The President may check Congress by vetoing bills Congress has passed. Congress may override the president's veto with a vote of two-thirds of both Houses. The Supreme Court can then check both branches by declaring a law unconstitutional. (Inside federal courts)
In conclusion, the democratic system of governing set forth by our founding fathers to include three separate branches within one central government and protected by the Constitution allows for there to be justice and liberty without bias for all citizens who call the United States of America home. Even today, some two hundred and thirty-nine years after its inception our system of democratic government remains one of the oldest unchanged gover.
3. Popular Sovereignty
Rule by the people
Consent of the
governed
Citizens (aka “the
governed”) must
give their
consent, or
“OK”, for the
government to
function
4. Federalism
Power divided between state and national
governments
Why federal and not unitary?
Articles of Confederation had failed so no one wanted
the states to have all the power
BUT people we’re still scared to give all the power to
the national government
National government acts for country as a whole
State governments control more local issues
5.
6. Separation of Powers
3 branches
(legislative, executive,
judicial)
Each branch has its
own responsibilities
Keeps any one branch
from gaining too
much power
7.
8. Checks and Balances
Each branch has some control over the other
President can check Congress by vetoing
the laws it passes
Congress can check the president by
overriding that veto (2/3 of each house
has to agree)
Courts can check Congress by ruling their
laws as unconstitutional
President can check courts by appointing
judges, but the senate must approve
9.
10. Judicial Review
Ability of courts to declare laws unconstitutional
Supreme court has final say
Constitution does not directly give the courts this
power, but it does say “judicial power shall extend
to all cases arising under the Constitution”
Marbury vs. Madison- court case giving federal
courts the power to rule on the actions of the
government
11. Limited Government
Constitution lists the
powers the government
has and the powers it does
not have
First 10 amendments (bill
of rights) are examples of
these limits
Protects the country from
the abuse of power
