Highlights: Organizing Power in the Constitution SS.7.C.1.7 Describe how the Constitution limits the powers of government through separation of powers and checks and balances. Terri Susan Fine, Ph.D. Content Specialist, Florida Joint Center for Citizenship

Limited Government and the U.S. Constitution The U.S. Constitution is organized around three systems that limit government power. Limited (constitutional) government is a government limited by a constitution: Separation of powers-the organization is set up of as three branches with their own distinct powers and responsibilities Checks and balances-each branch of government limits the power of the other branches

Limited Government How does the U.S. Constitution limit the power of government? In separating powers, the government limits what each branch can do. The Constitution is designed so that the legislative branch holds only legislative power, the executive holds only executive power, and the judiciary holds only judiciary power. Separation of powers does not entirely limit government as individual branches can still abuse their powers in a limited government system.

Limited Government How does the U.S. Constitution limit the power of government? The checks and balances system allows the separate branches to impact the other branches in ways that limit their powers. Checks and balances does not entirely limit government as the checks and balances system requires, in many instances, that enough public officials come together to agree to check another branch’s power.

How does the U.S. Constitution Limit Power through Separation of Powers? Constitutional Provision Example Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Civil Rights Act (1964) (see Benchmark 3.7) Article II, Section 1: The executive Power shall be vested in a President of the United States of America. President Franklin Roosevelt, Executive Order 9066 (1942): “…by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, ...whenever he …deems such action necessary or desirable, to prescribe military areas …(see Benchmark 3.6)” (forced internment)

How does the U.S. Constitution Limit Power through Checks and Balances? Constitutional Provision Example Article I, Section 7: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, ….  H.R. 1757 (105th): Foreign Affairs Reform and Restructuring Act of 1997 was vetoed by President Bill Clinton on October 21, 1998 (see Benchmark 3.8 and Benchmark 4.1). Article II, Section 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; … The U.S. Senate ratified the United Nations Charter on July 28, 1945 (see Benchmark 3.3 and Benchmark 4.1)