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