The United States government has a system of checks and balances built in so that no one branch has power. Before we get to those checks and balances, let’s take a look at how the United States Constitution was formed and why.
Structure and Principles
We need to understand the Constitution in order to understand the structure and daily function of the American government. Compared to other countries, the US Constitution is pretty simple and short.
It is based on the principles of the “Spirit of Laws” by Charles-Louis de Secondat, Baron de Montesquieu, dividing political authority into executive, legislative and judicial powers. The constitution contains about 7000 words and is divided into 3 parts: introduction, articles, amendments.
The preamble, or preamble, states why the Constitution was written. The founders wanted a government that would provide stability and order, protect the liberties of citizens, and serve the people.
There are seven articles. Each article is a division and covers a general topic. Article 3 designates the jurisdiction of the supreme court and other federal courts. Article 4 contains the primacy clause.
The third part of the Constitution are amended and amended 27 times. This allows the Constitution to respond to the changing needs of the nation.
Major Principles
There are 6 major principles of government: , federalism, separation of powers, checks and balances, judicial judgment; and limited control.
A democratic government is governed by the people. Imperious authority flows from the people.
Federalism is when power is divided between the national and state governments. This was created because the union created under the Articles of Confederation did not work and the people did not want all power in one central government. Federalism is therefore a kind of middle ground. It gives a flexible system of government where the national government gives the power to act to the entire country. and the state of affairs prevails.
The separation of powers is defined in the Constitution and the government is defined by the division of power. Under the separation of powers, each part of the government has its own responsibilities. This one part does not get too much power.
Checks and balances were added to the separation of powers so that each branch exerted some power over the other. For example, Congress passes a law but the president vetoes it through a filibuster. However, Congress can override an obstruction by a 2/3 vote of each house of Congress.
Judicial review is the power of courts to declare local, state, or national laws and actions in violation of the Constitution. All federal courts have this power but the Supreme Court has the final say on all constitutional issues. In reality, those contrary to the Constitution must be annulled. Marbury v. Madison‘s (1803) set the precedent for the federal court in governing 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 opinion or if an amendment has preceded it.
Limited government means the Constitution limits the actions of the government and specifically lists the powers it has and does not have.
This is an insight into the basic principles of US government and checks and balances.
Source:
Text: United States Government: Democracy in Action by Richard C. Remy, Ph.D. 1999
