constitutionally limited government

Examples of constitutionally limited government in the following topics:

• Constitutional Limits

  • The United States adheres to the principles of a constitutionally limited government in the three branches of government.
  • A constitutionally limited government is a system of government that is bound to certain principles of action by a state constitution.
  • An example of a constitutionally limited government is the United States of America, which is a constitutionally limited republic.
  • Correspondingly, constitutionalism has a variety of meanings.
  • In the United States Constitution , several articles and sections describe and specify the limits set upon the federal and state governments in the Union.

• Limited Government

  • In a limited government, the power of government to intervene in the exercise of civil liberties is restricted by constitutional law.
  • A constitutionally limited government is a system of government that is bound to certain principles of action by a state constitution.
  • The United States of America, a constitutionally limited republic, is an example of a constitutionally limited government.
  • The Constitution limits the power of the government in several ways.
  • Limited government exists where some effective limits restrict governmental power.

• State Initiatives Against Affirmative Action

  • States and the federal government have argued about the appropriate implementation of affirmative action policies.
  • States sought to limit the reach of federal policies regulating employment standards.
  • Since voters passed the referenda, the law in Michigan has been put on hold while the Michigan courts assess the constitutionality of voters' limitations.
  • Thus, one can see that affirmative action policies and programs have gone back and forth between the states and federal government, typically with state voters trying to limit the reach of affirmative action and the federal government insisting on implementation.
  • State referenda have been the most successful way for opponents of affirmative action to limit its reach.

• Federalism

  • Federalism is the system where sovereignty is constitutionally divided between a central governing authority and constituent units.
  • Federalism is the system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units.
  • Federalism was the most influential political movement arising out of discontent with the Articles of Confederation, which focused on limiting the authority of the federal government.
  • After the Civil War, the federal government increased its influence on everyday life and its size relative to state governments.
  • The national government was forced to cooperate with all levels of government to implement the New Deal policies; local government earned an equal standing with the other layers, as the federal government relied on political machines at the city level to bypass state legislatures.

• Federalism

  • The term "federalism" is also used to describe a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units.
  • Originally, federalism was the most influential political movement arising out of discontent with the Articles of Confederation, which focused on limiting the authority of the federal government.
  • The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the States by the Constitution are reserved to the States or the people.
  • Each sphere is mutually equal, exclusive, and limiting upon the other sphere, and each entity is supreme within its own sphere.
  • Previously, the federal government had granted money to the states categorically, limiting the states to use this funding for specific programs.

• Checks and Balances

  • Through this system, each branch of government "checks," or limits, the other two so that the power shared between them is balanced.
  • An example of this is the president's veto power: the president can limit Congress's power by vetoing a bill.
  • This concept is not written into the Constitution, but was envisioned by many of the Constitution's Framers.
  • Thus, the Chief Justice's role in this regard is limited.
  • Discuss the details of the Constitution's system of checks and balances

• "We the People"

  • In this same vein, courts will not answer hypothetical questions about the constitutionality of a statute.
  • The Court has recognized the federal government's supreme power over those limited matters entrusted to it.
  • The federal government exercises its supreme power not as a unitary entity, but instead via the three coordinate branches of the government (legislative, executive, and judicial), each of which has its own prescribed powers and limitations under the Constitution.
  • In addition, the doctrine of separation of powers functions as a limitation on each branch of the federal government's exercise of sovereign power.
  • However, each state's sovereignty is limited by the U.S.

• The 10th Amendment

  • The Tenth Amendment states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people.

• "The People"

  • The federal government exercises its supreme power not as a unitary entity, but instead via the three coordinate branches of the government (legislative, executive, and judicial), each of which has its own prescribed powers and limitations under the Constitution.
  • In addition, the doctrine of separation of powers functions as a limitation on each branch of the federal government's exercise of sovereign power.
  • However, because it represents a general social contract, there are limits on the ability of individual citizens to pursue legal claims allegedly arising out of the Constitution.
  • For example, if a law was enacted that violated the Constitution, not just anybody could challenge the statute's constitutionality in court; instead, only an individual who was negatively affected by the unconstitutional statute could bring such a challenge to a court of law.
  • In the same vein, courts will not answer hypothetical questions about the constitutionality of a statute.

• The Limits of Democracy

  • As the new political value system of republicanism was forming, many framers of the United States Constitution worried about democracy's limitations.
  • Several ideas in the Constitution were new, associated with the combination of consolidated government, along with federal relationships with constituent states.
  • The Constitution's due process clause was partly based on common law and on the Magna Carta (1215), which established the principle that the Crown's powers could be limited and the once-sovereign King could be bound by law.
  • Locke advanced the principle of consent of the governed in his Two Treatises of Government: essentially, government's duty in a social contract with the sovereign people was to serve them by protecting their rights to life, liberty, and property.
  • In his book The Spirit of the Laws, he argued for the separation of state powers into the legislative, executive, and judicial branches of government.