Overview
This lecture examines the American system of limited government, focusing on the U.S. Constitution’s checks and balances and its effectiveness in protecting liberty and restraining abuses of power.
Supreme Court and Bush Administration
- The Supreme Court ruled against Bush administration policies from 2004–2008, stating they violated the Constitution, Congress’s laws, and the Geneva Conventions.
- The Bush administration created secret military tribunals and harsh interrogations post-9/11, claiming new war rules were needed.
- The Court rejected the idea that the president alone could set wartime law, asserting the authority of the judiciary.
Origins and Purpose of Limited Government
- The Constitution was designed to limit government power to prevent tyranny, as feared by the framers.
- The Articles of Confederation gave too little power to the national government, leading to weakness and chaos.
- The framers granted necessary powers to the new government but included strict limits and denials of power.
Constitutional Limits and the Bill of Rights
- The Constitution grants Congress 17 specific powers and denies others not listed.
- Initially, the Constitution lacked a Bill of Rights; amendments added specific protections like the right to legal counsel.
- The Bill of Rights serves as a clear limitation on government authority.
Separation of Powers and Checks and Balances
- Government power is divided among legislative, executive, and judicial branches, each with overlapping powers to check the others.
- Example: The president can veto laws, but Congress controls spending; courts interpret laws but judges are nominated by the president and confirmed by the Senate.
- This system is known as "separated institutions sharing power."
Historical Examples and System Weaknesses
- Japanese American internment during WWII shows a failure when all branches align in ignoring rights.
- Watergate scandal demonstrated successful checks, with Congress and the Supreme Court forcing Nixon to resign.
- Presidential secrecy and partisan control can weaken checks and balances.
- After party control shifts, congressional scrutiny of the executive can dramatically change.
Effectiveness and Limits of the System
- Checks and balances do not always work as intended, especially when secrecy or partisanship prevails.
- Despite flaws, the system has restrained abuses of power many times throughout U.S. history.
Key Terms & Definitions
- Limited Government — Government restricted in power to protect citizens’ liberties.
- Checks and Balances — System where each branch of government can limit the powers of the others.
- Articles of Confederation — First U.S. constitution, which created a weak central government.
- Bill of Rights — First ten amendments to the Constitution, outlining specific individual protections.
- Separation of Powers — Division of government powers among executive, legislative, and judicial branches.
- Enemy Combatant — Person captured in war, subject to military rules rather than civil courts.
Action Items / Next Steps
- Review the powers granted and denied to Congress under Article I.
- Read the Bill of Rights and note how each amendment limits government power.
- Prepare for a discussion on how checks and balances have worked or failed in specific historical events.