GOVT2305: American Government 2
Constitutional Safeguards Against Abuse of Federal Power

Author

Affiliation

Tom Hanna

University of Houston

Agenda and Announcements

Agenda

• This Video

    - Brief review of the historical context
    - Separation of Powers
    - Checks and Balances
    - Federalism

• Next videos

  • US Congress: Part I
  • US Congress: Part II
  • US Congress: Part III

Announcements

• Reminders

    - Module 1: Due February 20
    - Quiz 1: February 18 to 21 US CST (Due February 22, 1:59 PM PHT)

Today’s Topic: Separation of Powers, Federalism, Checks and Balances

Review

• Basic problem: Government is organized coercive violence seen as legitimate

    - Great power to do good consensually where we are largely unified
    - Great power to do bad if resort to corecive violence is necessary because there is not wide agreement

Why do we care about the Constitution?

• This applies to any Constitution intended to limit government power

• The Constitution set out a system to limit the power of government to allow for the good and limit the bad

• If we just pretend to follow it, it has no real power to limit oppression - political violence

• The Constitution has been changed, in some ways drastically to deal with some of its original flaws

• There is a process to change it further if there is unity in the desire for change, but fundamental rights are not up to simple majorities

How did the Constitutional design limit abuse of power

• Separation of Powers within the federal government
• Checks and balances between individuals groups in the federal government
• Federalism: separation of powers between levels of government - state/federal
• The addition of the Bill of Rights (First 10 Amendments)

Separation of Powers

Source: Bill of Rights Institute

Separation of Powers

The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people’s liberty against combinations of government power.

National Center for Constitutional Studies: https://nccs.net/

Separation of Powers

The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people’s liberty against combinations of government power.

National Center for Constitutional Studies: https://nccs.net/

This is especially true when we consider the evolved Constitution including the Bill of Rights plus 13th, 14th, 15th, 19th, and 26th amendments

Splitting up power to prevent abuse

• Separate power among competing groups with different interests (goals, priorities, values, objectives)

Splitting up power to prevent abuse

• Separate power among competing groups with different interests
• The power of one group balances the power of competing groups

Splitting up power to prevent abuse

• Separate power among competing groups with different interests
• The power of one group balances the power of competing groups
• The competing interests force the groups to check (reduce, restrain, control, limit, constrain, curb) each other’s power

Checks and Balances

Source: https://lsintspl3.wgbh.org/en-us/lesson/midlit10-soc-splgovt/1

Splitting up power to prevent abuse

• Separate power among competing groups with different interests
• The power of one group balances the power of competing groups
• The competing interests force the groups to check each other’s power
• No one group or individual has sufficient power to dominate the others and act alone

Splitting up power to prevent abuse

• Separate power among competing groups with different interests
• The power of one group balances the power of competing groups
• The competing interests force the groups to check each other’s power
• No one group or individual has sufficient power to dominate the others and act alone

This is Separation of Powers and Checks and Balances

Three Branches of Government: Basic Powers

Source: Have Fun with History

Three Branches of Government: Basic Powers

• Legislative: Congress - Makes laws
• Executive: President - Executes the laws and governs
• Judicial: Courts - Interprets and applies the laws

Legislative Branch: Article I

Congress: Makes laws

• Impeach Presidents and Justices of Supreme Court

Legislative Branch: Article I

Congress: Makes laws

• Impeach Presidents and Justices of Supreme Court
  
• Override Presidential vetoes by 2/3 majority of both houses

Legislative Branch: Article I

Congress: Makes laws

• Impeach Presidents and Justices of Supreme Court
  
• Override Presidential vetoes by 2/3 majority of both houses
  
• Restrict extent of the Supreme Courts jurisdiction

Executive Branch: Article II

President: Executes the laws and governs

• Veto bills passed by Congress

Executive Branch: Article II

President: Executes the laws and governs

• Veto bills passed by Congress
• Pardon criminals convicted by Courts

Executive Branch: Article II

President: Executes the laws and governs

• Veto bills passed by Congress
• Pardon criminals convicted by Courts
• Some discretion in how laws are carried out and enforced

Judicial Branch: Article III

Courts: Interpret and apply the laws

• No explicit powers to check the other branches listed in the COnstitution

Judicial Branch: Article III

Courts: Interpret and apply the laws

• No explicit powers to check the other branches listed in the COnstitution
• Major implied power: Judicial Review

Judicial Branch: Article III

Courts: Interpret and apply the laws

• The Constitution is the ”supreme law of the land”

Judicial Branch: Article III

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding

United States Constituion, Article VI, Clause 2

Judicial Branch: Article III

Courts: Interpret and apply the laws

• The Constitution is the ”supreme law of the land”
  
• Interpret and apply the laws including the Constitution

Judicial Branch: Article III

Courts: Interpret and apply the laws

• The Constitution is the ”supreme law of the land”
  
• Interpret and apply the laws including the Constitution
• Implied: The power to review laws passed by Congress to enforce the Constitution

Judicial Branch: Article III

Courts: Interpret and apply the laws

• The Constitution is the ”supreme law of the land”
  
• Interpret and apply the laws including the Constitution
• Implied: The power to review laws passed by Congress to enforce the Constitution
• Implied: The power to review the acts of Presidents

Three Branches of Government: Checks on other branches

• Congress - veto override, impeachment, set jurisdiction

• President - veto, pardon, discretion in enforcement

• Courts - Judicial review - decide the Constitutionality

Congress: More Separation of Powers

Congress is split into two houses

• House of Representatives
• Senate

Question 1

• The states claimed the status of 13 free and independent sovereign states in the Declaration of Independence states. True or False?

  • A. True
  • B. False

Question 1 (Answer)

Answer: True

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States…

States - plural, not “A Free and Independent State” singular

Congress: More Separation of Powers

• Bills must pass both houses to become law
• Each house has different powers and responsibilities
• Each house has different constituencies and terms of office
• Each house has different rules and procedures

Congress: More Separation of Powers

• House of Representatives

    - elected every two years
    - elected by districts
    - closer to the people, more responsive to public opinion

Congress: More Separation of Powers

• Senate

    - elected every six years
    - elected by states (originally appointed by states)
    - more insulated from public opinion, more deliberative
    - intended to represent the interests of the states

The interests of the states

• The Senate was intended to represent the interests of the states

The interests of the states

• The Senate was intended to represent the interests of the states
• This was a compromise between large and small states

The interests of the states

• The Senate was intended to represent the interests of the states

• This was a compromise between large and small states

• This was necessary to pass the Constitution because:

    - the states were sovereign entities, essentially independent nations

The interests of the states

• The Senate was intended to represent the interests of the states

• This was a compromise between large and small states

• This was necessary to pass the Constitution because:

    - the states were sovereign entities, essentially independent nations
    - the states had to ratify the Constitution

The interests of the states

• The Senate was intended to represent the interests of the states

• This was a compromise between large and small states

• This was necessary to pass the Constitution because:

    - the states were sovereign entities, essentially independent nations
    - the states had to ratify the Constitution
    - the states were the original source of the federal government's power

Federalism: Three types of government

• Unitary: National government has all the power
• Confederal: States have all the power
• Federal: National and state governments share power based on constitutions
• In a democratic republic, the people are the ultimate source of power and authority

Three Types

3 Types

Federalism: National and State Power

Source: https://mlpp.pressbooks.pub/pol111mhs/chapter/3-1-federalism-as-a-structure-for-power/

Federalism: National and State Power

• Original states were sovereign countries

Federalism: National and State Power

• Original states were sovereign countries
• States kept all powers not expressly given to the federal government

Federalism: National and State Power

• Original states were sovereign countries
• States kept all powers not expressly given to the federal government
  
• Police powers: laws regulating most major issues like:

State Powers

MURDER!

• Assault, battery, kidnapping, almost all crimes of violence

State Powers

THEFT!

• fraud, robbery, trespassing, almost all crimes against property

State Powers

PROPERTY REGISTRATION!

State Powers

BUSINESS FORMATION and CONTRACTS

Most laws relating to contracts, types of businesses, liability, and more

State Powers

INSURANCE

State Powers

ALMOST EVERYTHING INTRASTATE

Intrastate is within a single state’s borders

Point Solutions Question 4

Which of the following is a power of the states?

- A. Regulating commerce with other states (interstate)
- B. Regulating foreign commerce
- C. Regulating commerce within the state (intrastate)
- D. Regulating the military

Point Solutions Question 4

Answer: - C. Regulating commerce within the state (intrastate)

National Powers

• Constitution gave explicit powers to the federal government

Source: https://www.youtube.com/@CareyLaManna

Bill of Rights

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

• 10th Amendment to the United States Constitution

Bill of Rights

Unless the Constitution gives the federal government a power, it remains a state power or a right of the people

Question 2

Which part of the Congress was intended to represent the interests of the states?

- A. The House of Representatives
- B. The Senate
- C. The President
- D. The Supreme Court

Question 2

Answer: B. The Senate

(Note: Only A and B are part of Congress, so you could eliminate C and D just by careful reading of the question.)

Authorship and License

Do not submit to Quizlet, Chegg, Coursehero, or other similar commercial websites.

• Author: Tom Hanna

• Website: tomhanna.me

Graphics Credit: Unless otherwise noted graphics are from Norton Publishers

• License: This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.