The United States Government has a built in system of checks and balances to make sure that no one branch has the power. Before we get to those checks and balances, let’s look at how the U.S. Constitution was formed and why.
Structure and Principles
We need to have an understanding of the Constitution in order to understand the structure and daily function of the American government. Compared to other countries, the U.S. Constitution is pretty simple and brief.
It is based on the principles of “The Spirit of Laws” by Charles-Louis de Secondat, the baron de Montesquieu, dividing political authority into executive, legislative, and judicial powers. The Constitution contains about 7000 words and is divided into 3 parts: the Preamble, the articles, and the amendments.
The Preamble, or introduction, states why the Constitution was written. The founders wanted a government that would provide stability and order, protect citizens’ liberties, and serve the people.
There are seven articles. Each article is a division and covers a general topic. Article 3 outlines the jurisdiction of the Supreme Court and other federal courts to rule on cases. Article 4 contains the supremacy clause.
There are 6 major principles of government: popular sovereignty, federalism, separation of powers, checks and balances, judicial review, and limited government.
Popular sovereignty is rule by the people. The authority of government flows from the people.
Federalism is when power is divided between national and state governments. This was created because the union created under the Articles of Confederation had not worked and people did not want all of the power in one central government. So federalism is kind of a middle ground. It gives a flexible system of government where the national government has the power to act for the country as a whole and states have power over local matters.
Separation of powers is defined in the Constitution and limits the control of government by dividing power. Under separation of powers, each branch of the government has its own responsibilities. This is so one branch does not gain too much power.
Checks and balances were added to the separation of powers so that each branch exercises some control over the other. For example, Congress passes a law but the president rejects it by veto. However, Congress can override the veto by a 2/3 vote of each house of Congress.
Judicial review is the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution. All federal courts have this power but the Supreme Court has the final say on all Constitutional issues. In fact, acts contrary to the Constitution must be voided. Marbury v. Madison (1803) established the precedent for federal courts to rule on the actions of the government. A Supreme Court decision on the meaning of the Constitution can be changed only if the Court itself changes its views or if an amendment is passed.
Limited government means that the Constitution limits the actions of government by specifically listing powers it does and does not have.
That is an overview of the basic principles of the U.S. government and checks and balances.
Source:
Text: United States Government: Democracy in Action by Richard C. Remy, Ph.D., 1999
