Question

Explain how the Framers of the Constitution divided American government to create a democracy. a) Describe and give examples of the two systems in place that protect against one branch having too much power. b) Why are these systems important to American democracy?

Answer 1

Answer:

a) Two historical examples of self rule and democratic rule are: the colonial assemblies that developed in the colonies, and the election of George Washington as president of the constitutional convention. The colonial assemblies represent a self-ruling government. These governments did not have limits on their power, and were able to rule however they wanted, without representation from their citizens. This showed the Framers of the constitution that a self-ruling government was not the way the United States should be; there should be limits to a government's power. The election of George Washington as president of the constitutional convention shows democratic rule. The people had a say in who was elected, and this further inspired the Framers to institute this in the Constitution.  

b) It is seen in both the Declaration of Independence and the Constitution that enlightenment philosophy had some influence on them. John Locke, an enlightenment thinker, stated that “all persons are endowed with natural rights to life, liberty and property” and that “rulers who fail to protect these rights may be removed by the people, by force if necessary.” We can see that the Declaration of Independence took inspirations from these statements because in the Declaration it states “Life, Liberty, and the Pursuit of Happiness,” it also emphasizes that the government cannot take natural rights, and “We the People” can over power the government and institute a new government that works better. Locke also spoke out for the rights of thought, speech, and religion. This is reflected in the U.S Constitution in the Bill of Rights under the first amendment where it says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…”

c) The Framers believed that the best form of government is one that provides leadership, protection, and services for its citizens. They wanted to ensure that the government did not exceed its power, and to protect their citizens rights. These purposes were developed/inspired through enlightenment philosophy. Enlightenment philosophers - like John Locke and Thomas Hobbes - believed that people form governments in order to ensure their interests, at a cost of giving up some liberty in exchange for cooperation. They also believed that people had human rights. These ideals were later instituted into papers like the Constitution and Declaration of Independence, which ensured the rights of the citizens.

Answer 2

The Framers of the Constitution divided American government into three branches: the executive, legislative, and judicial. This created a better democracy because the power is not concentrated within one branch or in the hands of a few. 

The systems in place that protect against one branch having too much power is called "separation of powers" and "checks and balances." This system keeps each branch from getting too powerful by limiting its powers. For example, the legislative branch can pass a law but the president veto it. That's a way the executive branch checks the legislative. And let's say the legislature really wants to pass that law, so they vote on it. With 2/3 majority of votes for the law, Congress can override the president's veto. That's a way the legislative branch checks on the executive. And let's say that although that law was passed by the legislature, some say that it's unconstitutional. If that happens, then the judicial branch checks out the law and can declare it unconstitutional. If it's declared unconstitutional, then the law will be no longer enforced or valid. That's a way the judicial branch checks the other branches. 

Other examples of "checks and balances" is how the president is in charge of the armed forces, but only Congress can declare war. The judicial branch interprets laws and their constitutionality, but the president appoint the federal judges. The president appoints the federal judges, but the legislative branch has to approve those officials. The legislative branch also decides how many judges would be in the Supreme Court. The president can veto and the judicial can repeal laws, but the legislature can impeach the president and federal judges/officials. 

These systems are important to American democracy because they keep the government from getting too powerful and oppressing the people.