The Separation of Powers The US Constitution The Separation of Powers

Purposes We, the People of the United States, in order to Form a more Perfect Union Establish Justice Ensure Domestic Tranquility Provide for the Common Defense Promote the General Welfare, and Secure the Blessings of Liberty To ourselves, and Our posterity Do ordain and establish this Constitution for the United States of America

The Public Sector Problem Government tends to coalesce into one body Governments necessarily wield power Those who hold power are invariably led to abuse it (from Montesquieu) Governments tend to emerge as a single faction, destroying liberty in the name of preserving it

The Solution? Build upon factions that already exist in the United States Establish a multiplicity of faction where it would not otherwise form Set government and governments in tension with one another Institutionalize political power in separate potentially factious bodies Ensure regular pressure from interests outside government

The Solution Federalism several governments share and exert power over citizens Distinct sources of representation among elected officials The regular distribution of power into distinct departments (separation of powers) Legislative Power (The Purse) Executive Power (The Sword) Judicial Power (The Scale) Legislative balances and checks where the power to add or modify public acts depends on at least two legislative bodies with equal power to overwhelm the other A separate body charged with the resolution of disputes Central Government Chamber #1 Chamber #2 Enforcing Law State A State B State C Resolving Disputes Citizens Citizens Citizens Making Law Law

“The Great Compromise” Legislative Power (Article 1 section 1-7) Bicameral legislature of co-equal houses House of Representatives Chosen by apportioned districts Two-year terms Senate 2 members per state Chosen by state legislatures Overlapping 6-year terms Executive Power (Article 2) Unitary Executive President Chosen by electors in states Electors chosen according to state legislatures’ direction Four-year term Other officers Established by legislative power Appointed in such manner as the legislature may direct Judicial Power (Article 3) Federal Court system One supreme court Inferior courts established by the legislature Appointed by executive, approved by the Senate Serve ‘during good behavior” State Court system Determined by state legislatures People States HR Senate Executive Electors Judiciary

General Plan of the US Constitution Article 1 The Legislative Branch Structure Function Enumerated Powers Express powers Implied powers Limits Against Congress Against States Article 2 The Executive Branch Mode of election Powers Duties Mode of removal Article 3 The Judicial Branch Jurisdiction Definition of Treason Congressional power in treason cases Congressional limits in treason cases

General Plan of the US Constitution Article 4 Horizontal Federalism Admission of New States Republic guarantee Article 5 Mode of Amendment Four acceptable methods Article 6 Vertical Federalism Federal debt burden Constitutional/Federal Supremacy Binding of Officers to Constitution Article 7 Terms of ratification Federal Gov’t State A State B State C