3.6: Principles of the Constitution

Although most delegates at the Constitutional Convention recognized the need for a stronger national government, they were also aware of the dangers it would pose. The powers granted by the Constitution could be used for the good of the country. They could also be abused if they fell into the wrong hands. Without safeguards, America might suffer the same sort of tyranny it had endured under British rule, if not a worse one.

To prevent the new national government from getting out of hand, the Constitution introduced a system of separation of powers. Rather than vest all power in a single person or institution, the Constitution divided it among three branches: a legislative branch (Congress), an executive branch (the presidency), and a judicial branch (the Supreme Court and other federal courts). This division would make it harder for a tyrant to take control. Even if America elected a bad president, that president would only have access to roughly one-third of the government’s might.

Along with separation of powers, the Constitution implemented a system of checks and balances. Each of the three branches had ways to limit or block the actions of the other two. This gave each branch a degree of control over the others, preventing any one from amassing too much power. The president could veto bills passed by Congress, but Congress could override vetoes if the bills had enough support or even remove the president through the impeachment process. The federal courts could strike down laws and executive actions as unconstitutional, but Congress and the president could select which judges sat on those courts. (Figure 3.3 below summarizes how the three branches can check one another.)

Figure 3.3: Checks and balances in the U.S. Constitution

The Constitution’s separation of powers and checks and balances reflect the Founders’ distrust of politicians. They knew that not all presidents, members of Congress, and judges would be devoted to America’s national interest and the principles of limited government. They anticipated that the new government would attract ambitious, power-hungry people with selfish motivations for holding public office. For this reason, they designed a system to channel that selfishness for good. In theory, by jealously hoarding their powers from one another, the branches would prevent one another from becoming too potent. Even office-holders who only wanted to increase their own power would have self-interested reasons to use their checks in a way that the Founders hoped would prevent tyranny.