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US constitution - Coggle Diagram
US constitution
Limited Government:
The idea of limited government is one of the key principles of a liberal democracy and was important to the Founding Fathers, who believed that too much power in the hands of one person or group was dangerous.
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Is it effective?
Yes:
- The Supreme Court has often struck down legislation on the basis that it imposes on the rights of citizens as set out in the Bill of Rights.
- Checks and balances and divided government have often prevented or diluted social reforms by the Democrats that would expand the powers of the federal government.
Is it effective?
No:
- Conservatives and libertarians argue that the government has become too large as it has expanded its role in economic and social policy.
Federalism:
The US constitution sets up a system of federalism, where the power is divided between the federal government (central government) and state governments.
Articles I-III of the Constitution set out the powers of the states and the federal government.
The 10th Amendment reserves all powers not delegated to the federal government to the states or the people.
Is it effective?
Yes:
- Each state has its own government with three branches, Each state can legislate on a wide range of issues
- States have the power to ratify amendments to the Constitution, and so have the power to change the foundational document on which all US law is based.
- Protections, rights and some taxes are different in many states.
Is it effective?
No:
- The powers given to the federal government versus the states is the vaguest area of the Constitution, and over time, the powers of the federal government have expanded significantly.
- Most states do NOT have year-round legislatures, so do NOT have the ability to create law year-round compared to Congress.
- Congress can issue federal mandates that the state governments have to follow.
Checks and Balances:
These are powers given to branches of government to check the other branches and the decisions and actions that are made.
Checks and Balances are often exclusive powers of one branch.
This ensures that no branch of the government acts with unchecked power, and prevents too much power lying with one branch - which helps avoid a despotic government.
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Are they effective?
Yes:
- Executive orders can be nullified by Congress, as Congressional laws are more significant than executive orders.
- The Supreme Court is able to strike down laws as being unconstitutional, and their ability to do this has not changed or been hindered.
- Recent attempts by the executive to change the structure of the Supreme Court in order to help pass legislation have been blocked by Congress.
- The President is unable to dismiss judges, and only one justice has ever been impeached
Are they effective?
No:
- The President is the de facto leader of their party, and so has power over their legislative agenda.
- The process of separation of powers means that legislation is slow to pass, if it passes at all.
- Increased use of executive orders has bypassed the legislative process through Congress, concentrating power in the hands of the President.
- The nature of the appointment process for the judicial branch means that separation of powers is not always effective.
Separation of powers:
Separation of powers is the idea that no one branch of government should have too much power.
The Constitution contains several checks and balances to ensure this is the case.
Separation of powers means that the 3 branches of government – legislature, executive, judiciary - are separate but overlapping in practice.