The Constitution spells
out in six articles (sections) the powers of the federal government and the
states. Later amendments expanded som
e of these powers and limited others. The
Constitution prevents tyrannical abuses of authority through the separation of powers: Each branch of
government has its own responsibilities and cannot take action in areas
assigned to the other branches. Congress enacts laws, leaving enforcement of
the laws to the executive branch and interpretation of them to the judicial
branch.
The Constitution does
not include the term separation of
powers. The first three articles establish the separation mechanism and
mark out areas of responsibility for each branch of government. Article I vests
(places) the legislative power of
the federal government in Congress. Only Congress can enact general laws
applicable to all the people, such as outlawing counterfeiting or promoting a
national environmental policy.
Article II vests the executive power in the president,
including the authority to appoint federal officials and to prosecute federal
crimes. Congress cannot decide whether a particular person should be brought to
trial for violating the law. Only the executive branch has that authority.
Article III vests the
federal judicial power,
including the power to conduct trials, in the Supreme Court and in other
federal courts that Congress creates. Neither Congress nor the president or
executive branch officials can declare a person guilty. Only a judge or jury
can make these decisions.
No member of Congress
may serve simultaneously as a member of the executive branch. This separation
differs strikingly from the British practice, in which the prime minister and
other executive officials are also members of Parliament.
The Constitution divides
governmental powers in other ways, both within the federal government and
between the federal government and the states. Article I splits the legislative
power by creating a bicameral (two-chamber)
legislature—the House of Representatives and the Senate. This article also
details the specific powers that Congress can exercise, including imposing
taxes, maintaining a military, and setting import duties. Congress cannot
exercise powers not enumerated (listed) in the Constitution. Article I,
however, grants Congress the right to make laws that it deems “necessary and
proper” to carry out the enumerated powers. This implied power gives Congress
wide leeway in lawmaking.
The Constitution leaves
other powers to the states to exercise at their discretion, with two
exceptions. First, Article VI says the Constitution is the “supreme law,” so
the states cannot make laws that conflict with federal laws. Second, the
Constitution guarantees to the people certain civil liberties (the right to be free of government interference)
and civil rights (the right to
be treated as a free and equal member of the country).
These liberties and rights
are spelled out primarily in the Bill of Rights and in the 13th, 14th, 15th,
and 19th amendments. Civil liberties include such cherished American freedoms
as the freedom of speech, press, and religion, and the right to a fair trial.
Civil rights include the right to vote and to be treated equally regardless of
race or ethnic origins.
By dividing and limiting
various governmental powers, the Constitution creates a system of checks and balances. If one branch
threatens to become too powerful, other branches may act to block or thwart it.
For example, if the president steps beyond his or her powers, Congress can
refuse to provide funds, or the courts can rule the president’s actions
unconstitutional.
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