Overview
This lecture examines how the U.S. Constitution limits government power through checks and balances, its historical origins, and challenges to its effectiveness.
Supreme Court Limits on Presidential Power
- The Supreme Court ruled against Bush administration's post-9/11 policies, citing violations of the Constitution, federal law, and the Geneva Conventions.
- The Court affirmed its authority to interpret law over the president’s wartime decisions.
Origins and Purpose of Limited Government
- The Constitution was created to limit government power and protect liberty, unlike monarchies where rulers’ word was law.
- Framers wanted to prevent tyranny, learning from the weak Articles of Confederation, which lacked authority, especially to tax or defend the nation.
Structural Limits on Government Power
- The Constitution grants specific powers to Congress (e.g., taxing, raising armies) and denies those not listed.
- It prohibits practices like indefinite imprisonment without trial (right to habeas corpus).
- The Bill of Rights (first 10 amendments) explicitly protects individual rights such as free speech and the right to legal counsel.
Separation of Powers and Checks and Balances
- Government power is divided among three branches: legislative (Congress), executive (President), and judicial (Courts).
- Branches share and overlap powers, allowing them to check each other—for example, the President can veto laws, Congress controls spending, the Courts interpret laws.
- No branch has total control; power is intentionally fragmented.
Historical Challenges and Failures
- During WWII, Japanese Americans were detained by order of the President, with support from Congress and the Supreme Court, despite constitutional violations.
- Racism influenced internment; later, the U.S. formally apologized for this injustice.
- The Watergate scandal showed the effectiveness of checks and balances when the Supreme Court compelled President Nixon to release incriminating tapes, leading to his resignation.
Threats to Checks and Balances
- Presidential secrecy is a recurring threat; executive actions may be concealed from scrutiny until too late.
- Congressional oversight may weaken when one party controls both branches and acts out of partisan self-interest.
- The Bush administration’s secret anti-terrorism policies faced delayed scrutiny due to political alignment in Congress, which changed after a shift in party control.
Effectiveness and Limitations
- While the system has not always worked perfectly, it has curbed abuses many times.
- The Constitution’s system of checks and balances helps prevent unchecked power, though it requires vigilance.
Key Terms & Definitions
- Limited Government — A government restricted in its powers to protect individual liberties.
- Checks and Balances — A system where separate branches of government can monitor and limit each other's power.
- Articles of Confederation — The first U.S. constitution, which created a weak national government.
- Bill of Rights — The first 10 amendments to the Constitution, protecting individual freedoms.
- Habeas Corpus — The right to appear before a judge to challenge unlawful detention.
- Separation of Powers — Division of government authority among legislative, executive, and judicial branches.
Action Items / Next Steps
- Review the first 10 amendments (Bill of Rights).
- Read about the Watergate scandal for details on checks and balances in practice.