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Andrew LeaheyPOLI 105Midterm
Essay #2
 The first three articles of the Constitution create and limit the powers of thedifferent branches of government. In so doing, they betray a fundamentalknowledge of human nature. Each branch is tasked with checking the others, and noone branch is given control over another’s method of appointment. The contents of Articles I, II and III of the United States Constitution each create and lay out aseparate branch of government. In Article I, the Legislative branch is fleshed out. InArticle II, the Executive branch. Finally, in Article II, the Judicial system is created,and its powers and limitations expressed.In Article I, specifically the first seven sections, the Legislative branch of government is laid out. It was “designed to contribute to governmental power [and]promote popular consent for the new government” (Lowi, 26). It is structured as abicameral, meaning two-chambered, body . The lower house, known as the House of Representatives, are directly elected by the people (26). Members of the House of Representatives, subject to two year terms, are tasked not only with directlyrepresenting the people of their districts but, as well, with checking the power of theExecutive Branch. The House of Representatives have sole power to create revenuebills (26). In this way, the lower house controls the flow of income to the federalgovernment. In addition, the House of Representatives are given sole power overborrowing money, commerce regulations, and declaring war, meanwhile beingtasked with maintaining both the United States Army and Navy (27, Graphic). TheHouse of Representatives was given substantial power, but in order to guard against
 
abuse of that power, a second, upper house, was formed and tasked with checkingthe power of the lower. The upper house, also laid out in Article I, is known as the Senate. Thislegislature is made up of members that are elected to six-year terms. In addition,these terms are staggered so that only 1/3
rd
of the Senate is up for re-election inany one election year (27). In this way, the Senate was protected from the popularwill of the time, and the consensus of the Senate could be preserved for longerperiods of time than was possible in the House of Representatives.In Article II, the constitution lays out the basis of the Executive branch. TheExecutive Branch, headed by the presidency, was designed to overcome the“natural stalemate” (Lowi, 27) inherent in the bicameral legislature. A strong centralexecutive was intended to be somewhat removed from the popular pressures of thetimes, and as such was designed to not be directly elected by the people. TheExecutive, or President, was tasked with the sole responsibility of acceptingambassadors from foreign powers, and thus was given the ability to formallyrecognize foreign nations (28). The President, through Article II, was also given thesole power to negotiate treaties, though this power was checked with a requirementthat all treaties be accepted by the Senate. Finally the Executive branch, specificallythe president, was given the sole power to grant reprieves and pardons; that is, theforgiveness of crimes by citizens (28).In Article 3, the Judicial System of the United States is laid out. The purposeof the Judicial branch was to check the substantial amounts of power granted to theother branches of government and insure liberty to the new government’s citizens. The Judicial Branch, headed by a truly Supreme Court, was to be as removed fromthe popular pressures of democracy as possible. To that end, Judges within the
 
Supreme Court were appointed to life terms. In keeping with the sentiments of therest of the Constitution, however, their power was checked by a requirement thatthey not only be nominated by the head of the Executive branch, the President, butalso be subject to a confirmation vote in the Senate (28). The lower house would also be granted the power to create lower courts,which could then adjust the jurisdiction of the Supreme Court (28). There was agood deal of oversight inherent in the selection of the judges, and with good reason. The Supreme Court would not only be the highest court in the national government,but would have final say in matters of conflict between the states and the nationalgovernment as well as handling issues between citizens of different states. Whilethere is no mention of judicial review, that is “the power of the courts to declareactions of the other branches invalid or unconstitutional” (28), in the Constitution,the general consensus is it is implicit. The judicial branch is a major cog in themachine of the US government; checking the powers of the other branches, andwielding substantial power itself.In James Madison’s Federalist #51, a compelling argument for this system of governance is laid out. Indeed all of the powers of the various branches of government come together and form a system of checks and balances, as heintended. In Federalist #51, he argues first to split the government as a whole in totwo separate distinct bodies, the federal and the state governments. He furtherstates that since every department will have its own agenda, each must have aslittle say or control over the appointment of top officials in the others. Alldepartments should draw their members from the same place, the people, butthrough different channels so as to limit the amount of communication between anytwo branches, and avoid any sort of collusion between them. He goes on to say that
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