The Constitution: Principles of the
Constitution.
1. Are the powers of the branches of government really separate? - ANS-The functions
of these three branches are not completely separate. Indeed, the term 'separation of
powers' is rather confusing for it is not the powers that are separate but the
institutions. As Richard Neustadt has stated: "The Constitutional Convention of 1787
is supposed to have created a government of 'separated powers'. It did nothing of the
sort. Rather, it created a government of separated institutions sharing powers".
2. So the theory is more accurately described as a theory of shared powers than
'separated powers'. The institutions - the Congress, the presidency and the courts -
are indeed separate. The personnel of these three branches are separate but their
powers are shared. This sharing of powers is what we call checks and balances.
3. How does the Constitution divide the federal powers? - ANS-Nowhere are the words
'federal' or 'federalism' to be found in the American Constitution. It is written into the
Constitution by:
4. 1) Articles I, II and III, which lay out the powers of the national government.
5. 2) Amendment X, which guarantees that all the remaining powers, "are reserved to
the states and to the people".
6. What the Constitution does do is to:
7. 1) give certain exclusive powers to the national (federal) government. Only the
national government can, for example, coin money, negotiate treaties, tax imports
and exports, or maintain troops in peacetime.
8. 2) give guarantees of states' rights. So, for example, the states are guaranteed equal
representation in the Senate, that their borders will not be changed without their
consent and that the Constitution cannot be amended without the agreement of
three-quarters of them.
9. 3) make clear that there are also states' responsibilities. Each state must recognise
the laws of each other state by, for example, returning fugitives.
10. How does the Constitution separate the powers? - ANS-The Constitution drawn up at
Philadelphia in 1787 divided the national government into three branches based on
what is known as the doctrine of the separation of powers. The three branches of
government are:
11. 1) the legislature: Congress, which makes the laws.
12. 2) the executive: headed by the president, which carries out the laws.
13. 3) the judiciary: headed by the Supreme Court, which enforces and interprets the
laws.
14. How does the executive check the judiciary? - ANS-1) Appointment of judges.
15. 2) Pardon.
16. How does the executive check the legislature? - ANS-1) Recommend legislation.
17. 2) Veto legislation.
18. 3) Call Congress into special session.
Constitution.
1. Are the powers of the branches of government really separate? - ANS-The functions
of these three branches are not completely separate. Indeed, the term 'separation of
powers' is rather confusing for it is not the powers that are separate but the
institutions. As Richard Neustadt has stated: "The Constitutional Convention of 1787
is supposed to have created a government of 'separated powers'. It did nothing of the
sort. Rather, it created a government of separated institutions sharing powers".
2. So the theory is more accurately described as a theory of shared powers than
'separated powers'. The institutions - the Congress, the presidency and the courts -
are indeed separate. The personnel of these three branches are separate but their
powers are shared. This sharing of powers is what we call checks and balances.
3. How does the Constitution divide the federal powers? - ANS-Nowhere are the words
'federal' or 'federalism' to be found in the American Constitution. It is written into the
Constitution by:
4. 1) Articles I, II and III, which lay out the powers of the national government.
5. 2) Amendment X, which guarantees that all the remaining powers, "are reserved to
the states and to the people".
6. What the Constitution does do is to:
7. 1) give certain exclusive powers to the national (federal) government. Only the
national government can, for example, coin money, negotiate treaties, tax imports
and exports, or maintain troops in peacetime.
8. 2) give guarantees of states' rights. So, for example, the states are guaranteed equal
representation in the Senate, that their borders will not be changed without their
consent and that the Constitution cannot be amended without the agreement of
three-quarters of them.
9. 3) make clear that there are also states' responsibilities. Each state must recognise
the laws of each other state by, for example, returning fugitives.
10. How does the Constitution separate the powers? - ANS-The Constitution drawn up at
Philadelphia in 1787 divided the national government into three branches based on
what is known as the doctrine of the separation of powers. The three branches of
government are:
11. 1) the legislature: Congress, which makes the laws.
12. 2) the executive: headed by the president, which carries out the laws.
13. 3) the judiciary: headed by the Supreme Court, which enforces and interprets the
laws.
14. How does the executive check the judiciary? - ANS-1) Appointment of judges.
15. 2) Pardon.
16. How does the executive check the legislature? - ANS-1) Recommend legislation.
17. 2) Veto legislation.
18. 3) Call Congress into special session.
