Having read the chapter, the students should be able to do each of the following:
Describe the system of checks and balances on the powers of the three branches of American government and assess its effectiveness in controlling the abuse of political power.
Explain and analyze the roots of limited government in America.
Compare separation of powers and separated institutions sharing power. Assess why the second, which characterizes the U.S. system, is the more substantial check on political power.
Explain what is meant by the term judicial review, and assess its significance in a system based on limited government. Be sure to explain the constitutional significance of Marbury v. Madison.
Discuss the distinction the Framers made between the terms democracy and republic.
Summarize the arguments for and against direct government, as compared to an indirect, representative government.
Analyze the development of American political institutions in terms of the conflicting concerns about expanded popular rule, protection of minority rights, and elite influence.
The Constitution is a reflection of the colonial and revolutionary experiences of the early Americans. Freedom from abusive government was a reason for the colonists' revolt against British rule, but the English tradition also provided ideas about government, power, and freedom that were expressed in the Constitution and earlier in the Declaration of Independence.
The Constitution was designed to provide for a limited government in which political power would be confined to its proper uses. The Framers wanted to ensure that the government they were creating would not itself be a threat to freedom. To this end, they confined the national government to expressly granted powers and also denied it specific powers. Other prohibitions on government were later added to the Constitution in the form of stated guarantees of individual liberties—the Bill of Rights. The most significant constitutional provision for limited government, however, was separation of powers among the three branches. The powers given to each branch enable it to act as a check on the exercise of power by the others, an arrangement which, during the nation's history, has in fact served as a barrier to abuses of power.
The Constitution, however, made no mention of how the powers and limits of government were to be judged in practice. In its historic ruling in Marbury v. Madison, the Supreme Court assumed the authority to review the constitutionality of legislative and executive actions and to declare them unconstitutional and thus invalid.
The Framers of the Constitution respected the idea of self-government but distrusted popular majorities. They designed a government that they felt would temper popular opinion and slow its momentum, so that the public's true interest (which includes a regard for the rights and interests of the minority) would guide public policy. Different methods were established to select members of the House of Representatives and the Senate, the president, and federal judges as a means of separating political power from momentary and unreflecting majorities.
Since the adoption of the Constitution, however, the public has gradually assumed more direct control of its representatives, particularly through measures affecting the way in which officeholders are chosen. Political parties, presidential voting (linked to the Electoral College), direct election of senators, and primary elections are among the devices aimed at strengthening the majority's influence. These developments are rooted in the idea, deeply held by ordinary Americans, that the people must have substantial direct control of their government if it is to serve their vital interests.
