The topic of discussion for this
Constitution Monday is the simple fact that the Constitution of the United
States was inspired by God. The truthfulness of this fact is shown in the
Constitution itself and well as the circumstances surrounding its creation and
ratification. A few of the internal evidences are as follows.
1. The separation of powers at the federal
level. Instead of one powerful leader, such as a king, the Constitution
created three branches of government – executive, legislative, and judicial.
The Constitution gives the legislative branch the power to make the law, the
executive branch the power to administer and enforce the law, and the judicial
branch the power to apply and interpret the law. President J. Reuben Clark explains why this separation of powers is so important.
It is this union of independence and
dependence of these branches – legislative, executive and judicial – and of the
governmental functions possessed by each of them, that constitutes the marvelous
genius of this unrivalled document…. It was here that the divine inspiration
came. It was truly a miracle.
The use of checks and balances was deliberately
designed, first, to make it difficult for a minority of the people to control
the government, and, second, to place restraint on the government itself.
In
an effort to put constitutional restraints on the government, the Founders
further divided the legislative branch into a “bicameral” system – the Senate
and the House of Representatives. They thought that this further division would
slow down the creation of laws enough to protect the legislative process from
the passions of the people.
2. Federalism. The Founders
took the idea of separation of powers to another level. They divided the power
between the federal government and the state governments. They were concerned
that the federal government would become too powerful, so they made the states
powerful enough to counteract a tyrannical federal government. Amendment 10
declares, “The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respectively, or
to the people.”
3. Checks and
Balances or the Auxiliary Precaution. In an effort to put further restraints
against democratic tyranny, the Founders wrote checks and balances into the
Constitution. A few of them are as follows: (1) The election process itself, in
which the people exercise their voice to check the encroachment of tyranny. (2)
Each branch has its specific duties. Even though the President is the
commander-in-chief of the military, the legislative branch has the authority to
declare war. (3) The executive branch makes treaties, but the treaties must be
ratified by the legislative branch. (4) The executive branch enforces laws, but
the legislative branch controls the budget power and finances to do so. (5) The
executive branch nominates federal judges and other officers, but the
legislative branch must confirm the appointments. (6) Judges are appointed for
life, thus aiding them in remaining apolitical. (7) The legislative branch
holds the power of impeachment over the executive and judicial branches. These
checks and balances limit the power of any one branch and bring a requirement
for debate, deliberation, compromise, and concurrence between the branches.
The separation of powers between the
executive, legislative, and judicial branches at the federal level and the
bicameral legislature as well as the division of power between federal
government and state governments limits the possibility of any person or group
controlling the government of the United States. The checks and balances
between the branches of the federal government is a second way of limiting
access to all the power. More on the inspiration in the Constitution will come
in future posts.
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