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 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
CENTRAL GOVERNMENT
LEGISLATIVE
BRANCH
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 VicePresident
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