1. The Separation of Powers
The US Constitution
The Separation of Powers

2. Purposes We, the People of the United States, in order to
Form a more Perfect Union
Establish Justice
Ensure Domestic Tranquility
Provide for the Common Defense
Promote the General Welfare, and
Secure the Blessings of Liberty
To ourselves, and
Our posterity
Do ordain and establish this Constitution for the United States of America

3. The Public Sector Problem
Government tends to coalesce into one body
Governments necessarily wield power
Those who hold power are invariably led to abuse it (from Montesquieu)
Governments tend to emerge as a single faction, destroying liberty in the name of preserving it

4. The Solution?
Build upon factions that already exist in the United States
Establish a multiplicity of faction where it would not otherwise form
Set government and governments in tension with one another
Institutionalize political power in separate potentially factious bodies
Ensure regular pressure from interests outside government

5. The Solution Federalism
several governments share and exert power over citizens
Distinct sources of representation among elected officials
The regular distribution of power into distinct departments (separation of powers)
Legislative Power (The Purse)
Executive Power (The Sword)
Judicial Power (The Scale)
Legislative balances and checks
where the power to add or modify public acts depends on at least two legislative bodies with equal power to overwhelm the other
A separate body charged with the resolution of disputes
Central Government
Chamber #1
Chamber #2
Enforcing Law
State A
State B
State C
Resolving Disputes
Citizens
Citizens
Citizens
Making Law
Law

6. “The Great Compromise”
Legislative Power (Article 1 section 1-7)
Bicameral legislature of co-equal houses
House of Representatives
Chosen by apportioned districts
Two-year terms
Senate
2 members per state
Chosen by state legislatures
Overlapping 6-year terms
Executive Power (Article 2)
Unitary Executive
President
Chosen by electors in states
Electors chosen according to state legislatures’ direction
Four-year term
Other officers
Established by legislative power
Appointed in such manner as the legislature may direct
Judicial Power (Article 3)
Federal Court system
One supreme court
Inferior courts established by the legislature
Appointed by executive, approved by the Senate
Serve ‘during good behavior”
State Court system
Determined by state legislatures
People
States HR
Senate
Executive
Electors
Judiciary

7. General Plan of the US Constitution
Article 1
The Legislative Branch
Structure
Function
Enumerated Powers
Express powers
Implied powers
Limits
Against Congress
Against States
Article 2
The Executive Branch
Mode of election
Powers
Duties
Mode of removal
Article 3
The Judicial Branch
Jurisdiction
Definition of Treason
Congressional power in treason cases
Congressional limits in treason cases

8. General Plan of the US Constitution
Article 4
Horizontal Federalism
Admission of New States
Republic guarantee
Article 5
Mode of Amendment
Four acceptable methods
Article 6
Vertical Federalism
Federal debt burden
Constitutional/Federal Supremacy
Binding of Officers to Constitution
Article 7
Terms of ratification
Federal Gov’t
State A
State B
State C