1. Limits to Government Power (For a 12th Grade Government Class)by
Angela Skelonc
ED 448

2. 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

3. The Constitution Divided Power Into Three Types Of Power
Delegated Power
Reserved Power
Concurrent Power

4. Delegated Power Power given exclusively to the national government
by the Constitution

5. Examples of Delegated Powers
Declare War
Print Money
Regulate
Interstate
and Foreign
Commerce
Establish Postal
System

6. Reserved Power
Powers that the Constitution did not specifically grant to the national government were reserved for the State
                                            

7. Examples of Reserved Power
Create Corporation Laws
Establish and Maintain Schools
Establish and Maintain Local Governments
Regulate Interstate Commerce
                                            

8. Concurrent Power
Concurrent power is power that both the national government and the state governments have to share
                                           

9. Examples of Concurrent Power
Borrow Money
Provide for Health, Safety, and Welfare
Administer Criminal Justice
Set Minimum Wage
Charter Banks
Levy Taxes
                                           

10. 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

11. 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

12. Separation of Power

13. 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

14. 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

15. 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

16. 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

17. 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

18. Judicial Powers Declare Executive Actions and Laws Unconstitutional
Can Declare Legislation Unconstitutional

19. System of Checks and Balances
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
LEGISLATIVE BRANCH
Congress
May Check the President
Impeaching the President
Overriding a veto
Refusing to approve Presidential
appointments and treaties
Impeaching judges
Changing the number of justices on the Supreme Court
Proposing an amendment to the Constitution if law found unconstitutional by Supreme Court
THE JUDICIAL BRANCH
Supreme Court
Interpreting laws and treaties
Ruling that laws and executive
acts are unconstitutional
May check Congress
Declaring laws unconstitutional

20. 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

21. 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

22. 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 Vice-President
Number of electors equal the state’s total number of representatives in Congress

23. 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