Introduction to the Constitution – Separation of Powers and Limited Government
Restored from the Empower Network archive (2011–2017), lightly edited to meet our current advertising standards. Views are the original author’s.
Introduction to the Constitution on separation of powers and limited government presented by Hillsdale College, lecturer President Arnu.
This lecture #3 of the Introduction to the Constitution on the separation of powers and limited government was very challenging.
It again emphasized the elements first mentioned in the first lecture covering the Declaration of Independence — nature and equal, tying them into the three – representation, separation of powers and limited government.
The Constitution shapes our behavior and, therefore, our lives. We need a representative government in order to have separation of powers. The three branches of government can be equal in strength because of the sovereignty of the individuals, the people.
Separation of Powers
We need to understand Federalism as an overall strength of separation of powers. James Madison said in the Federalist papers “The passions, therefore, not the reason, of the public would sit in judgment. But it is the reason, alone of the public, that ought to control and regulate the government. The passions ought to be controlled and regulated by the government.”
In other words, the sovereigns, being the individuals, delegate authority to all branches. Most government until well into the 20th century was state and local. They controlled education and services such as garbage collection, etc. The federal government was in charge of defense, a national system of operation and free commerce, and had the ability to speak for the nation around the world.
When the framers wrote the Constitution, the states were afraid of losing their place in government. In the beginning each state’s senate elected two senators to represent their state. The belief was that those elected senators would not pass anything the state legislature back home didn’t like. This created a check on the size of the federal government.
This selection of senators by the states was changed in 1913. (If you are interested in researching more on the Senate, this website will be helpful. )
In the constitution the framers believed that the way to safeguard against tyranny is to separate the powers of government among three branches so each branch checks the other two. Each branch of government has powers over the other. It follows that compromise and cooperation is needed to properly govern.
If any and all items in the Constitution are to be questioned and the people allowed to figure it out that they can challenge all elements, they will come to believe they can easily change it. As framed, no group would have the ability to control the many. It takes time! Usually at least three elections, because the terms of service overlap in the Senate at least.
Limited Government
It was the belief of the founders that those in power would abuse it. Again, Madison wrote “Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern, neither external nor internal controls on government would be necessary.”
President Arnu said “that is an echo of the appearance of God in the Declaration.” Madison was reminding men what angels are like – that men are to have humility and remember to have determination to place one’s self in the right as it would appear to the eyes of God. We are not angelic beings, but among the earthly beings the most angelic. We are to remember the difference between men and angels and to respect that distinction.
Arnu quotes Abraham Lincoln saying “Author (meaning God) of man makes every individual with one head and one pair of hands, it was probably intended that heads and hands should cooperate as friends, and that that particular head, should direct and control that particular pair of hands. . . . . . that each head is the natural guardian, director, and protector of the hands and mouth inseparably connected with it and that being so, every head should be cultivated, and improved, by whatever will add to its capacity for performing its charge. In one word Free Labor insists on universal education.”
In other words, the best person to feed you is you, and next your mother. They were to build a society to care. That did not involve a centralized rule making body in central government. This was considered constitutional and through these devices the government would be more God-like – more angelic, because the devices were there to honor and strengthen the better parts of our nature.
Pres. Arnu said it is crucial to understand the Constitution’s devices. There was and is a difference in understanding of these devices, a nature to discard the separation of powers as a device of government. And that is very far along toward being accomplished today, especially in the regulatory agencies. They typically act as all three areas of government over the policies they govern.
Representation makes possible but also depends on limited government. Put another way, the sovereign need to be large and independent body, self-reliant, presenting not as petitioners but as citizens.
President Kennedy said in his inaugural speech “Ask not what your country can do for you, but what you can do for your country.” In earlier times most of what was done for the people was voluntary by the citizenry. Today it is a very “top down” hierarchy – an invention or creation some thought with good reason.
The framers wished to protect private property. (Hardly the case today!)
President Arnu read from Democracy in America by Alexis de Toequeville. Although lengthy, I believe it is valuable and sums up this particular study. de Toequeville wrote “The European generally submits to a public officer because he represents a superior force; but to an American he represents a right.”
(Arnu said we think that public officer works for us – is here to defend our rights.)
de Toequeville continued “In America it may be said that no one renders obedience to man, but to justice and to law. If the opinion which the citizen entertains of himself is exaggerated, it is at least salutary: he unhesitatingly confides in his own powers, which appear to him to be all-sufficient. When a private individual meditates an undertaking, however directly connected it may be with the welfare of society, he never things of soliciting the cooperation of the Government: but he publishes his plan, offers to execute it himself, courts the assistance of other individuals, and struggles manfully against all obstacles. Undoubtedly he is often less successful than the State might have been in his position; but in the end, the sum of these private undertakings far exceeds all that the Government could effect.”
Arnu asked is we are afraid of the government today. If you are in business and regulated, are you fearful of the government?
James Madison and Thomas Jefferson said that we can’t understand our country if we don’t study the government. Indeed this is the reason all students at Hillsdale College are required to study the Constitution.
I hope you have found this rendering of the 3rd lecture in the series on the Introduction to the Constitution – Separation of Powers and Limited Government – to be interesting and look forward to following the next one.
Bobbi Miller
Entrepreneur
P.S. Comments and likes are always welcome.