Limits to Government (For a 12 th Power 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 War Print Money Regulate 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 Laws Establish and Maintain Schools Establish and Maintain Local Governments Regulate 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 Money Provide for Health, Safety, and Welfare Administer Criminal Justice Set Minimum Wage Charter Banks Levy 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 executive Montesquieu had published his ideas of a separate authority in government in his book, The Spirit of the Laws, published in 1748

Separation of Power LEGISLATIVE BRANCH CENTRAL GOVERNMENT EXECUTIVE BRANCH JUDICIAL BRANCH

3 Branches of Government and Their Purpose Legislative Branch Also known as Congress Makes the Laws Executive Branch Headed by the President Enforces the Laws Judicial Branch Also 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 land To prevent tyranny these functions should be divided among three branches of government The 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 Money But, President can Veto But, the Judicial Branch can Declare Legislation Unconstitutional Create Lower Federal Courts and Judgeships Can Impeach and Remove a President or Judges Approve Appointment of Federal Judges

Judicial Powers Declare Executive Actions and Laws Unconstitutional Can Declare Legislation Unconstitutional

System of Checks and Balances 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 EXECUTIVE 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 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 government Many delegates also feared tyranny by the people The finished Constitution reflects this concern

Reasons for Limiting Direct Power of the People Delegates believed that Representatives were better educated and informed about issues than the people People would have a hard time selecting national leaders wisely • Communication was slow and unreliable • Voters could not be familiar with national candidates and their views People 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 properly The 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