Limits to Government Power
(For a 12th Grade Government Class)
by
Angela Skelonc
ED 448
Why Limit Power?
Long difficult struggle against British tyranny ended just 4 years before the constitutional convention opened
Delegates wanted to prevent such tyranny in the new government of the United States
They tried to limit the concentration of power in only part of the government
The Constitution Divided Power Into Three Types Of Power
Delegated Power
Reserved Power
Concurrent Power
Delegated Power
Power given exclusively
to the
national government
by the Constitution
Examples of Delegated Powers
Declare WarPrint MoneyRegulate
Interstate and Foreign Commerce
Establish Postal System
Reserved Power
Powers that the Constitution did not specifically grant to the national government were reserved for the State
Examples of Reserved Power
Create Corporation LawsEstablish and Maintain SchoolsEstablish and Maintain Local GovernmentsRegulate Interstate Commerce
Concurrent Power
Concurrent power is power that both the national government and the state governments have to share
Examples of Concurrent Power
Borrow MoneyProvide for Health, Safety, and WelfareAdminister Criminal JusticeSet Minimum WageCharter BanksLevy Taxes
The Separation of Power Was Not Enough
Fear of having a tyrannical government like in England made delegates divide the Central Government’s power even further
Following Montesquieu’s ideas, delegates created three branches for the central government to make sure no branch could gain too much power
Each branch had a specific purpose
Separation of Powers Was Not A New Idea
State Constitutions already had separate branches Articles of Confederation had created a legislature but not a court system or an executiveMontesquieu had published his ideas of a separate authority in government in his book, The Spirit of the Laws, published in 1748
Separation of Power
L E G IS L A TIV EB R A N C H
E X E C U TIV EB R A N C H
JU D IC IA LB R A N C H
C E N TR A L G O V E R N M E N T
3 Branches of Government and Their Purpose
Legislative BranchAlso known as Congress
Makes the Laws
Executive BranchHeaded by the President
Enforces the Laws
Judicial BranchAlso known as the Courts
Interprets the Laws and Ensures they are Applied on a Fair and Equal Basis
Checks and Balances
Made to reinforce the separation of powers
Allowed each branch of government to check the power of the other
This was based on another idea of
Montesquieu
What Did Montesquieu Believe?For a government to function properly it had to possess Legislative, Executive, and Judicial Authority
- in other words – the government had to be able to make, enforce, and
interpret the laws of the landTo prevent tyranny these functions should be divided among three branches of governmentThe powers and duties of each branch should be carefully defined and separated so no branch could gain too much power
Presidential or Executive Power
Appoint Cabinet Officers, Federal Judges, and Ambassadors
But, had to be approved by the Senate
Can Make Treaties with Foreign Governments
But, Senate has to Approve Them
Commander in Chief of the Armed Forces
But, Congress has Sole Authority to Declare War
Legislative Power
Pass Legislation and Appropriate MoneyBut, President can VetoBut, the Judicial Branch can Declare Legislation Unconstitutional
Create Lower Federal Courts and JudgeshipsCan Impeach and Remove a President or JudgesApprove Appointment of Federal Judges
Judicial Powers
Declare Executive Actions and Laws Unconstitutional
Can Declare Legislation Unconstitutional
System of Checks and BalancesEXECUTIVE BRANCH
President
May Check the Judicial Branch
Granting pardons to those who are
convicted of federal crimes
May Check Congress
Vetoing bills passed by Congress
Sending messages to Congress
Appealing to the people
LEGISLATIVE BRANCH
Congress
May Check the President
Impeaching the President
Overriding a veto
Refusing to approve Presidential
appointments and treaties
May Check the Judicial Branch
Impeaching judges
Changing the number of justices on the Supreme Court
Proposing an amendment to the Constitution if law found unconstitutional by Supreme Court
THE JUDICIAL BRANCH
Supreme Court
May Check the President
Interpreting laws and treaties
Ruling that laws and executive
acts are unconstitutional
May check Congress
Interpreting laws and treaties
Declaring laws unconstitutional
Limiting the Power Did Not End With the Government
In the end the delegates were satisfied with the combination of federalism, separation of powers, and checks and balances would prevent tyranny by the national governmentMany delegates also feared tyranny by the peopleThe finished Constitution reflects this concern
Reasons for Limiting Direct Power of the People
Delegates believed thatRepresentatives were better educated and informed about issues than the peoplePeople would have a hard time selecting national leaders wisely• Communication was slow and unreliable• Voters could not be familiar with
national candidates and their viewsPeople would make rash decisions based on fears and emotions
Limiting Direct Power of the People
Voters elected representatives to govern the country
Voters choose only the members of the House of Representatives directly
• State Legislatures select members of the Senate
Electoral College – an indirect way of electing the President and Vice President
States choose electors who vote for President and Vice-President
Number of electors equal the state’s total number of representatives in Congress
At the End of the Constitutional Convention
Delegates felt they had created a document that balanced the powers of the national government properlyThe new government could act with firmness and vigor when needed Systems of Separation of powers and checks and balances insured that the government would not abuse its power
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