Introduction Essays: The Operations and Powers of Government

Written by: Kirk Higgins, Bill of Rights Institute

Guiding Questions 

How is the Constitution structured? How does the opening phrase, “We the People” relate to the idea of popular sovereignty?  What powers does it define for the national and state governments? How does this government respond to the assertions found in the Declaration of Independence? 

Foundations  

The Declaration of Independence makes an argument about human nature and the purpose of a government. It states that we are all created equal, meaning we are equal in our natural rights. Among these rights are life, liberty, and the pursuit of happiness. It further states that governments are instituted or established to secure these rights. It further states that governments derive or receive their powers from the consent of the governed. However, it does not say exactly how that government should be designed to secure these rights. 

Consent  

The Second Continental Congress’s attempt to establish such a government based upon representation in the Articles of Confederation came up short. They created a government that was too weak and suffered from chaos.  The goal of the Constitutional Convention in 1787 was to revise the Articles to avoid this chaos. The result was the United States Constitution. It has only been amended 27 times, a testament to its thoughtful construction and effectiveness as well as the high threshold needed to alter fundamental law.  

The Constitution sets out to establish a government based on the consent of the governed. This is why the Preamble states by whose authority the Constitution is established, “We the People of the United States,” and the purposes for which it is established. The entire structure of the Constitution should be understood within this context.  

Exploring its purpose while examining its structure helps us to better understand its component parts and how they work together to, “form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty.” The Constitution allows representative politics—self-governance—to take place for the common good. 

Rules of the Game 

Article I establishes both houses of the legislative branch, the Senate and the House of Representatives. This bicameral body was designed to derive reason from passion in building consensus, making laws based on the consent of the people, and representing the people for the general welfare. 

Article II established the executive branch. The executive branch is tasked with enforcing the laws and defending the Constitution against all enemies. 

Article III establishes the judicial branch. The judicial branch interprets the Constitution and decides cases related to constitutional questions.  

Article IV outlines the relationship between the states and the relationship of the states to the national government. This Article is part of what establishes the system of federalism, or the relationship between the state and national government within the United States Constitution. 

Article V outlines the process for amending, or changing, the Constitution. 

Article VI establishes the supremacy of the Constitution, meaning it is the highest or final law, and all laws and treaties must be consistent with it. It also states that the national government would assume all state debts and outlines the oath of office all government officials must take upon being sworn into office. 

Finally, Article VII establishes the rules by which the Constitution would be ratified, or made into law. 

Maintaining the rules  

This structure is designed to constitute a government that would maintain liberty while simultaneously empowering and limiting government to ensure it remained stable. This balance was difficult and one that continues to be debated over 200 years after the Constitution was established. To help ensure a balance was established, certain elements, or auxiliary precautions, were put in place. 

For example, the separation of powers, which can be seen with the clear delineation of responsibilities between the branches, was to ensure no one branch would come to dominate the government. Likewise, checks and balances, or overlapping powers between the branches like the president’s ability to veto laws passed by the legislature, ensures that any new rule that would be passed required coalitions of people and interests to work together. The separation of powers and checks and balances work to ensure each branch does not overstep its constitutionally designated powers.  

The Bill of Rights 

In addition to all of these precautions, the first Congress went a step further and, in 1791, sent a series of amendments to the states that would specifically outline various rights that the government could not violate. 10 of these amendments would be ratified as the Bill of Rights. 

The structure of the Constitution works to ensure our government remains limited and works to protect our natural rights through the consent of the governed. The primary sources in this section will help you further explore this structure. Sections 6, 7, and 8 will provide documents to take a deeper look at each branch.