LIBERAL IDEALS EMBRACED IN THE TWO MAIN
DOCUMENTS OF AMERICAN POLITICAL LIFE
Natural Rights
Social Contract
Theory
Limited
Government
DECLARATION OF INDEPENDENCE
THE CONSTITUTION
• Bill of Rights
[esp. civil rights/liberties]
• main body of the
Constitution
[esp. property rights]
• Bill of Rights
• Preamble
• Methods of
Leadership
Selection in
Articles I, II, & III
• Structural
mechanisms
(1) Separation of powers
(2) Federalism
TWO GENERAL APPROACHES TO
LIMITED GOVERNMENT
1. Specific denials of authority to government
[i.e., Bill of Rights and elsewhere - provisions
against the suspension of the writ of habeas
corpus and prohibition of ex post facto laws]
2. Structural mechanisms which decentralize
political power
-separation of powers/checks and balances
-federalism
-bicameralism
SEPARATION OF POWERS
MOTIVATION: It was the view of James Madison that the concentration of
political power in the hands of one individual or institution of government
was the very definition of tyranny [arbitrary removal of individual rights and
liberties]. The risk of tyranny could be reduced by [1] keeping to a
minimum the powers lodged in any single organ of government and [2]
opposing each organ against the others [Montesquieu].
The separation of powers, as a practical principle of government, can be
summed up in the following propositions:
• there are three intrinsically distinct types of political power - legislative,
executive, and judicial;
• these three distinct functions ought to be exercised by three separate
branches of government which should be constitutionally independent
from and equal to the others;
• there should be an overlapping of powers so that each branch will check
and balance the others.
Judicial
Executive
Legislative
Legislature can:
Make laws
• Confirm executive
appointments (Senate)
• Override executive
veto
• Impeach, convict, and
punish high ranking
officials
• Create or eliminate
courts
Executive can:
Courts can:
• Veto legislation
• Review legislative
enactments
• Recommend
legislation
Execute
laws
• Review executive
orders and
administrative rulings
• Issue injunctions
• Grant pardons
• Nominate judges
Adjudicate
laws
FEDERALISM
Federalism refers to a system of government in which constitutional powers
are divided between two levels of government (central and regional). The
United States is one of many federal systems in the world today (i.e.,
Canada, Germany, Mexico). All federal systems have a number of important
characteristics in common:
• There is a constitutional division of governmental powers/responsibilities
such that each level is autonomous in at least one sphere of action;
• Each government is final and supreme in its constitutionally assigned
sphere;
• Both levels may act directly on citizens;
• Both levels derive their authority from the sovereign rather than from one
another;
• Therefore, neither can unilaterally change the relationship;
• Finally, the regional governments exist in their own right.
These points mean, in essence, that both the national and state
governments in the United States derive their authority from
the Constitution. Indeed, the Constitution does divide
governmental powers between national and state governments.
Specifically, it
•delegates certain powers to the national government [national
government is a government of delegated or enumerated
powers];
•reserves other powers to the state governments [state
governments are governments of reserved powers];
•grants authority to be exercised or shared concurrently by both
levels;
•specifically denies certain powers to the national government;
•specifically denies certain powers to the state governments;
•specifically denies certain powers to both levels.
THE UNITED STATES: SINGLE v PLURAL NATION
The Confederation was a
union of states. The central
government received its
power from the states and
had no direct authority over
the people. With the
ratification of the
Constitution, the United
States became a union of
people. Both the national
and state governments
receive their powers from the
people and both exercise
direct authority over the
people.
Confederal
Federal
THE U.S. CONSTITUTION: GRAY AREAS
Many scholars who study the United States Constitution believe
that its genius lies in its “majestic vagueness.” That is, the
framers deliberately used vague wording in the Constitution so
that it might be a document that would endure for the ages.
How has the Constitution been applied when the vague
wording does not provide a clear solution [how has the
Constitution been given more specific meaning]?
•formal amendment
•legislation
•judicial interpretation
•practice/politics