Describe The Three Branches Of Government
Sweeping laws and new policies have been passed since the 2008 Presidential election. Does the government have a role in such areas as health care, automakers, and banks? Have our elected officials stepped beyond the Constitution?
In order to answer the question about the limited power of government, we need to list the 3 branches of government, and then give a definition of limited government based on the delegated powers of the Constitution.
The Legislative, Executive and Judicial are the three usa branches of government. The Senate and the House of Representatives make up the Legislative branch. There are two Senators per state, and each Senator serves a 6 year term. House members (known as Congressmen) are chosen by district, and each district is based on the Census population. Congressmen serve for two years.
The Founders addressed the Legislative branch first in the Constitution because of the power given to the Senate and House. The main job of the Legislative branch is to make law. Some specific powers given to the Legislative branch in Article 1, Section 8, is the power to impose taxes, establish rules of citizenship, oversee presidential impeachment, and the power to declare war. Let’s look at some examples of limited government in Article 1.
Tax laws must be introduced in the House, because the Founding Fathers wanted Congressmen to think very carefully before raising taxes on the people. They wanted to make sure that Congress felt the pressure of being voted out of office. The Founders instituted limited power of government when they barred Senators from proposing tax increases. Judges and the President also cannot propose tax bills.
The Framers gave us a safeguard against a poorly-bahving president. A sitting President can be removed by a process known as impeachment. The House must bring charges of impeachment, but the Senate must conduct the trial, and vote to convict and remove him. If the House lodges unnecessary impeachment charges, they will likely be punished at the next election. As the more deliberative body, the Senate conducts the trial. Being elected every six years insulates the Senators from the “passions of the people.” These different roles in the impeachment process are a definition of limited government power.
The Executive Branch is filled by the President and his cabinet. The Executive Branch is responsible for carrying out, or executing, the laws enacted by the Legislators. Since we have a republican form of government, our President is chosen by electors in the Electoral College, not by popular vote. The purpose of the Electoral College is to prevent “intrigue and cabal” when choosing the Executive. Again, power is separated, and there is a check within the three branches of government.
Last on our list of the 3 branches of government is the Judicial branch. The Judicial branch is mentioned last in the usa branches of government, because it was meant to be the least powerful branch of all. Jefferson worried that establishing a Supreme Court would eventually lead to that court dominating the other branches of the government. Jefferson’s fears are coming true. We often see state and Federal laws being struck down by the Supreme Court as unconstitutional. Many are worried that this shift of power is unhealthy, and violates the concept of limited government in the constitution.
The biggest challenge for Americans who oppose the Judicial branch’s power, is that the nine justices of the Supreme Court are appointed by the President for life. The only way to get rid of a justice under our definition of limited government, is for Congress to impeach him/her. This is very difficult to do, and is extremely rare. On the other hand, if it’s too easy to get rid of a justice, then we are less likely to have justices deciding cases on their merits. Instead, have them ruling in a way that makes them popular so they can remain on the court.
Understanding the usa branches of government and their specific roles is important when answering the question about the government’s role in our lives. The Founders feared the tyranny of old Europe, so they instituted strict limited government in the Constitution. Each of the branches of the us government as some power that checks a power held by the other two. These checks and balances are intended to protect our liberties. Ultimately, Americans are for limited government. We want Constitutional freedoms preserved!
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