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                                                                   Order Code RS20443
                                                              Updated January 22, 2001



 CRS Report for Congress

               Received through the CRS Web



American National Government: An Overview

                            Frederick M. Kaiser
               Specialist in American National Government
                     Government and Finance Division

Summary


     Power in American national government is decentralized, divided, dispersed, and
 limited. This distribution of power derives in part from the Constitution, through
 limitations imposed on the government, the system of checks and balances among the
 three branches, and independent bases of support and authority for each branch. This
 report, which examines these elements, will be updated as developments require.


                              Introduction

    If men were angels, no government would be necessary. If angels were to govern men, neither
    external nor internal controls on government would be necessary. In framing a government
    which is to be administered by men over men, the great difficulty lies in this: you must first
    enable the government to control the governed; and in the next place, oblige it to control
    itself.                                     James Madison, Federalist No. 51

    In this passage from the Federalist Papers, James Madison, sometimes referred to
as the Father of the Constitution, offers a rationale for the form of national government
operating here since 1789. Power in the national government is dispersed, divided, and
decentralized; it is also limited, directly and indirectly, by the Constitution. To protect
certain individual rights and political liberties, this charter places explicit restrictions on the
national government, principally through the Bill of Rights and the 14th Amendment. The
1st Amendment, for instance, mandates that Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom
of speech, or of the press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances. The Constitution also establishes checks and
balances among the three branches of government-the executive, judiciary, and
legislature-each of which has its own independent institutional base and its own
enumerated and implied powers. The branches, moreover, share responsibility for policy
making at the national level. As a consequence of these characteristics, the Constitution
issues an invitation to struggle over the direction of American public policy, as one of
its foremost students, Edward S. Corwin, has observed.


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