Separation of powers

Uncover the roots of separation of powers! See how Magna Carta & thinkers like Montesquieu shaped the US Constitution.

The Constitution's Sources The Constitution has roots in other civilizations. Many of its ideas came from European sources. Americans respected many British traditions. Traditions are cultural ideas and practices. Individual rights are part of the British judicial system. The Framers of the Constitution felt it was important to have individual rights. An English law, the Magna Carta, limited the power of the king or queen. He or she had to accept the laws of the lawmaking body. The lawmaking body paid for wars and the royal government. American colonies worked the same way. American lawmaking bodies controlled their colonies' funds. They also had some control over colonial governors. Magna Carta as a Model Think!Why is it important for the government to limit the power of the country's leader? The English Bill of Rights in 1689 was also a model. Many Americans felt that the Constitution needed a bill of rights. The Framers believed in the ideas or some European writers. Two of these men were John Locke and Baron de Monesquieu. The English writer John Locke believed that all people have natural rights. These rights include the rights to life, liberty, and property. Locke wrote that government is based on an agreement, or contract. This agreement is between the people and their government. The Constitution would also be a contract. It would limit the government's power. This would help protect people's natural rights. According to Locke, what are the three natural rights that all people have? Locke's idea of an agreement between the people and their government is also called... Governmental control Constitution Social Contract English law Montesquieu was a French writer. He believed that the government's power should be divided and balanced. This would make it difficult for one person or group to have to much power. The Framers of the American Constitution carefully described and divided the powers of government. The Articles of Confederation had given most power to the states. Under the Constitution, by contrast, the federal and state governments share power. This is called federalism. After the Articles of Confederation, how did power shift between the national and state governments? Sources (starting places) for the Ideas in the Constitution Match the idea with the appropriate source. Individual Rights English Judicial System Limited Powers English Magna Carta Bill of Rights English Bill of Rights in 1689 Unalienable Rights John Locke Social contract John Locke Separation of Powers Baron de Montesquieu The Constitution gave new powers to the federal government. It could tax, manage trade, control the supply of money, form an army, and declare war. It could pass laws it decided were "necessary and proper." The Constitution let states keep some important powers. the states could still control trade inside their borders. They could set up local governments and schools. States also made laws about marriage and divorce. The Constitution allows some powers to be shared by the federal and state governments. Both the federal and state governments may tax their citizens. Both governments may arrest and punish criminals. The Constitution is the supreme, or highest, law of the land. Any disagreement between the federal government and the states was to be settled by the federal courts. They make decisions based on what the Constitution says. Sort the powers by who they belong to. National Government Powers control supply of funds manage commerce draft soldiers declare war State Government Powers create state governments create schools pass laws for marriage and divorce Shared Powers tax citizens arrest and punish criminals Government Structure The Framers of the Constitution divided the federal government into three branches. These are the legislative, executive, and judicial branches The first three articles, or sections, of the Constitution explain the powers and tasks of these branches of the federal government. Article I says the legislative branch, or lawmaking branch, of the federal government is Congress. Congress has two parts: the Senate and the House of Representatives. Congress's powers include such tasks as deciding how much taxes will be, minting coins, and controlling trade. Article II describes the executive branch. The president is in charge of this branch. The president's job is to carry out the nation's laws. A group called the Electoral College elects the president and vice president. Its members are called electors. Electors are chosen by the voters of each state. Article III describes the judicial branch, or the court system. The Supreme Court is the top court in the nation. Congress sets up federal courts under the Supreme Court. Federal courts make decisions on cases that have to do with the Constitution, with federal laws, and with problems between states. Sort the powers of each branch under the Constitution. Legislative Branch makes laws Congress Senate House of Representatives decide tax amounts print money control trade representatives Judicial Branch court system Supreme Court judges judge laws for consitutionality Executive Branch president enforces laws The Legislative Branch makes laws. The Executive branch enforces laws. The Judicial Branch judges laws. How were the ideas of the Magna Carta (limited government power) reflected in colonial assemblies (self government)?