The Preamble begins with the phrase, “We the People”.  The writers of the U.S. Constitution began the Preamble with these words to guarantee that the people would be the source of the government’s power and that power would not fall into the hands of a single king or ruler. By starting the Preamble in this way, the writers were making it clear that the government not only receives its power from the people but also exists to serve them. The writers of the U.S. Constitution also knew that the power of the document depended on the approval of the majority of the people.

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The U.S. Constitution begins with a one-sentence introduction called the Preamble. The Preamble explains the goals and purposes of the government.  The Preamble begins with the phrase “We the People, of the United States” and then states six goals and purposes of the government: 1. form a more perfect union, 2. establish justice, 3. insure domestic tranquility, 4. provide for the common defense, 5. promote the general welfare, and 6. secure the blessings of liberty to ourselves and our posterity. The Preamble ends with the phrase: “do ordain and establish this Constitution for the United States of America”. The final phrase of the Preamble means that the people establish the U.S. Constitution to begin a new national government. 

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SS.7.C.1.7

Describe how the Constitution limits the powers of government through separation of powers and checks and balances.

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The Constitution includes the principle of limited government. This means that government can do only what the people allow it to do. In the United States, the government is limited in power by a constitution or written agreement. Constitutional government is a form of government based on a written set of laws to which all citizens agree. In this form of government, the Constitution is the highest law of the land. The Constitution limits the power of both the federal and state governments. It says what each may and may not do. Constitutional government is organized in such a way that one person or group cannot get enough power to control the government.

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The writers of the U.S. Constitution, known as Framers, acted to protect Americans against governmental abuse of power. In order to set limits on power, the Framers divided the federal government into three branches. This separation of powers sets up three branches with their own distinct powers and responsibilities. Influenced by French thinker Baron de Montesquieu, the Framers believed that in order to protect the people’s liberty, each branch would have different tasks. This separation of powers, the Framers believed, would limit the ability of any one branch from gaining too much power. 

 

This system was set up to limit the authority of the government. However, the Framers still feared that one branch of government could gain control of the other two. In order to ensure no one of the three branches would become too powerful, they established checks and balances. The principle of checks and balances allows each branch of government to limit the power of the other branches.

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Students will analyze how government power is limited by separation of powers and checks and balances. To prevent the government from abusing its powers, the U.S. Constitution is organized around a separation of powers system that utilizes checks and balances.  The power to make laws, enforce laws and interpret laws is separated into three different branches of government while the government is further limited by checks and balances by allowing each branch to check or restrain the powers of the other two branches. These are ways that each branch can limit the power of the other two branches.

In a separation of powers system, the power of government is not given to any one branch. Instead, some of the power is given to each branch. The legislative branch has the power to create new laws, the executive branch has the power to carry out and enforce laws, and the judicial branch has the power to interpret laws. Each branch of government can check the powers of the other branches. The executive branch may veto laws passed by Congress, nominate certain government officials and Supreme Court justices, and propose new legislation. The president can make treaties, but they must be ratified by the Senate. The legislative branch can impeach and convict the president, other members of the executive branch, and federal judges. Congress may pass laws over the president’s veto by two-thirds majority vote of both houses. The legislative branch may reject appointments made by the president as well as propose amendments to the United States Constitution. The judicial branch may declare executive actions and laws passed by Congress unconstitutional.  This power of judicial review allows U.S. courts to examine the laws or actions of the legislative and executive branches of the government and to determine whether such actions are consistent with the U.S. Constitution. Judicial review is an important check on the legislative and executive branches because it prevents them from straying too far from the Constitution. The Supreme Court case that established the power of judicial review in Marbury v. Madison. Since the judicial branch has the power to interpret laws, it must be able to determine if a law is unconstitutional and declare it “null and void”.

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This system of distributed and shared powers spelled out in the U.S. Constitution provides limited government to prevent the abuse of power.