2301+M2+Week+3

Week Three**
 * GOVT 2301 - M2


 * The U.S. Constitution: Separated Powers, Checks and Balances, Federalism, and Individual Liberty**

This weeks' readings introduce you to the U.S. Constitution and the three basic concepts that underlie the document. Each touches on the idea that governmental power needs to be divided if it is to not become abusive.

The first is the concept of separated powers, plus its companion concept, the checks and balances. There are three basic powers governments have, that of making laws, implementing laws, and interpreting those laws. A government can be both effective and limited if these powers are vested in three separate institutions that are then able to check each other. This was a theoretical issue that was accepted by most, if not all, of those involved politically during the founding generaltion. Though previous systems of government had separated powers in various ways, the American system was based on the ideas of Baron de Montesquieu.

The second is the idea that power needs to be divided between the three levels of government: the national, state and local. This isn't entirely accurate however because cities were not mentioned in the Constitution (they are considered to be wards of the state) and because some participants in the Constitutional Convention wanted a far stronger national government than was adopted (see Hamilton's Plan as an example). Nevertheless, the resulting plan limits the national government to specific powers delegated to it in the Constitution, while all others are reserved to the states. Though the relationship has been modified tremendously over U.S. history, the idea remains that the different levels of government have perogative over certain types of public policy.

The final concept is that of individual liberty. Recall that the primary purpose of government is to secure the unalienable rights, the pragmatic question is how this is best done. The Bill of Rights attempts to do so by placing restrictions on what government can do, and how it can do it.


 * Readings**:

The U.S. Constitution - [|The Text of the Document]. - [|Wikipedia: U.S. Constitution]. The Seperated Powers: - [|The Legislative Branch]. - - [|Wikipedia: Article One]. - [|The Executive Branch]. - - [|Wikipedia: Article Two]. - [|The Judicial Branch]. - - [|Wikipedia: Article Three]. The Checks and Balances - [|Federalist #51]. Federalism - [|Wikipedia: Federalism in the United States]. Natural Rights - [|Wikipedia: The United States Bill of Rights].


 * Assignments:**

Write at least 100 words on each of the following topics

1. Read through the U.S. Constitution and detail each of its articles. 2. What does the term 'separated powers" refer to? Describe the nature of these three powers and outline their design in the Constitution. 3. Read and outline the argument in Federalist #51. What does it tell us about how a system that establishes separated p[owers can ensure that those powers be kept separate? What insights does it give us about human nature? 4. How are national, state and local powers divided in the Constitution? Outline the nature of federalism in the United States. 5. How does the Bill or Rights enhance natural (or unalienable) rights? What are these rights? How do we know what they are?

Due: April 5 email your answers to me.