About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 1 (May 20, 2003)

handle is hein.crs/crsmthaazve0001 and id is 1 raw text is: 
                                                                  Order Code RS20443
                                                                  Updated May 20, 2003



 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 characteristics, 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 First 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 policymaking 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.


Congressional Research Service ** The Library of Congress