American History 101, The Principles of the Constitution.

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Part I: Principles of the Constitution

Self-Government

The preamble to the United States Constitution starts with “We the people...”

That is what self government is all about. It is the very reason for the

Constitution and an announcement that the government is being formed by...”we the people.” This concept is simple, yet bestows the power of the entire government directly to the people to govern itself. The legislative branch of the government---the House of Representatives and the Senate are directly elected by the people. However, the President is elected by the electoral college, and indirectly elected by the people of the various states. (American History

101)

Separation of Powers

This principle refers to the powers of the government which are divided into three distinct branches. By separating the powers it makes sure that the government’s power is not concentrated too much with any one branch. The power of government is divided equally between the legislative, judicial, and executive branch. The executive branch carries out the laws, the judicial branch interprets the laws, and the legislative branch makes the laws.

(American History 101)

Checks and Balances

The principle of checks and balances has to do with the separation of powers into the three branches of government. It refers to a plan for each of the three branches of government to “check” the power of the other two. It has been an effective way to keep the government “balanced” and make sure that each of the three parts of government never gets out of control, and yet, retains the power to keep the government moving and taking care of the business at hand.

The executive branch (the president) has the power to veto bills that come across his or her desk which were passed by the legislative branch. The president also chooses nominees for vacancies in the federal courts, especially

the United States Supreme Court. That is a way to keep checks on the judicial branch. (American History 101)

The legislative branch has the power to check the executive branch by passing a law over the president’s veto if there is a ¾ majority. The legislative branch, particularly the Senate checks the judicial branch by having to approve federal judicial nominees. There have been many times a president has nominated a person to the U.S. Supreme Court and the nominee was rejected by the Senate, therefore, could not take a seat on the court. The legislature can also bring impeachment proceedings against any federal official.

This is a two-part procedure. The House of Representatives is charged with beginning the process by voting on articles of impeachment against some official. The Senate actually holds the trial on the charges. If it is the president who is being impeached, which has been done, the Chief Justice of the Supreme Court presides over the trial part. If it is any other official, the

Vice-President is the “judge” over the proceedings. A 2/3 vote of the Senate is needed to convict an official and remove him or her from office.

The judicial branch of government has the power to declare laws unconstitutional which is making sure that all the laws passed by the legislature are conforming with the U.S. Constitution. (American History 101)

Part II: The Three Branches of the Federal Government

I.

The Executive Branch

A.

Commander in Chief

1.

Armed Forces

2.

State militias

B.

Power to pardon and reprieve

C.

Power to enter into and make treaties (with Senate’s consent)

D.

Power to appoint ambassadors, consults, Supreme Court justices, and cabinet members.

E.

Duty to prove information on the state of the Union.

F.

Power to issue Executive Orders

G.

Power to manage National Affairs

H.

Power to sign bills passed by legislature

II.

The Legislative Branch

A.

Power to draft and pass laws.

1.

A bill is submitted or introduced in the House or Senate

2.

The bill must pass in the chamber where introduced.

3.

Bill sent to a specific committee for review, usually.

4.

If bill passes committees, goes to second house for review.

5.

Possibly to another committee in second house.

6.

Bill then goes to conference committee including members from both chambers.

7.

Both chambers must then vote and pass exactly the same bill.

8.

Bill then goes to president for his or her signature.

B.

Power to override presidential vetoes.

1.

If president vetoes bill, legislature can override with ¾ vote.

2.

If not overridden, bill does not become law.

C.

Power to amend already existing laws.

D.

Duty to represent their constituents.

E.

Authority to issue resolutions.

III.

Judicial Branch

A.

Power to decide Cases originally or appellate jurisdiction

1.

Law and Equity

2.

Treaties

3.

Cases involving Ambassadors, and other public Ministers and

Consuls

4.

Cases of admiralty and maritime jurisdiction

5.

Controversies where the United States is a party

6.

Controversies between two states

7.

Controversies between a state and citizens of another

8.

Controversies between a state and foreign States or citizens

B.

Chief Justice duty to preside at impeachment of president

C.

Power to make rules of procedure in lower courts of the U.S. (Nolan,

D. 2003)

The Effectiveness of the Process of Government

Since the adoption of the Constitution in 1789, the three branches of government have worked together to promote the will of the people. Sometimes bills “fly” through the legislature and quickly get a presidential signature.

Sometimes the president chooses just the right nominee for an office that everyone agrees with. Sometimes the Supreme Court upholds a law that is according to the will of most of the people. Of course, it does not always work

that way. The news is replete with stories of filibusters, arguments, nominees who do not make it through the process of being appointed, and on and on. It appears sometimes that nothing goes on in the federal government but stoppages and stalemates. (Truman Library)

But, that is not true. The public does not hear about the million things that are accomplished successfully every day of the year by our government branches. Not all the Supreme Court cases are newsmakers. Not all the drudge work of the legislative representatives is of any interest to the media or indeed, the constituents. (Truman Library)

There are actually two types of representation that people think about.

One is that once a person gets elected, his or her duty is to absolutely vote and work for the wishes of the people he or she represents. In other words if most of the people are in favor of building a new dam, that should be what the representative votes for. However the other school of thought is that the representative is to go for what is the best, in his or her best judgment, for the people. That may mean that the new dam would be a waste of money, involve too much damage of other property, and bring water problems for miles around. Most of the representatives, I think, take this second choice. The people have to trust the people they send to Congress, or elect to the presidency, to learn as much as they can, do the best they can, and vote accordingly, for the good of the people.

This system works for the good of the people. As with any group of people, not everyone is always happy, but it is a good system. It is obviously the best system of government in the world. (Truman Library)

References

American History 101, The Principles of the Constitution. http://suite101.com/article/what-are-the-principles-of-the-constitutiona286677

Harry S. Truman Library, Three Branches of Government, http://www.trumanlibrary.org/whistlestop/teacher_lessons/3branches/front.

htm

Nolan, D. (2003) Three Branches of Government, The Educator, Vol II.

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