Posted: March 24th, 2023
A limited government is a system where the key leaders have little governing powers over the laws or decisions. Democracy is the main key to a limited government. In the system, powers are distributed, ensuring that one leader or branch of the government does not have too much control (Gary 19). In a limited system of government, the people who make the laws are obligated to follow the law, and the residents of the country have the right to choose their representative in an election. The US Constitution ensures that the government has limited powers through three main ways, namely, the separation of powers, federalism, and checks and balances.
The constitutional provision for separation of powers ensures that the authority is not concentrated in one entity or a group of people who may use it to influence the decisions made. In this provision, the power is delegated to three main arms of the government, which include the executive, the legislative, and the judiciary (Gary 20). The main aim of the separation of power concept is to prevent the majority from ruling with an iron fist. Each of these branches has certain powers, though they are kept in check by other branches.
In the checks and balances provision, the United States Constitution gives power to the all the arms of the government to question the decision of the other. One branch can challenge the powers of the other, which is a situation referred to as the checks and balances. The three branches of the government, as provided in the constitution, have an effect on one another. The Legislative makes the law, which is enforced by the Executive, while the Judiciary interprets it.
Federalism is another provision in the US Constitution that ensures there is no power concentrated in one system of government. The system allows two or more units share power over one geographic area. The federal system of government is evident in the United States, where the citizens are subject to both the federal and the state governments. As such, the state laws play a significant role in governing the citizens of a given state (Gary 23). However, the Constitution gives more power to the federal government.
Civil liberties are protections against any government action where every citizen has the freedom of expression. In this case, the government is not supposed to interfere with an individual’s religion; therefore, the citizens have the right to worship (Gary 32). In addition, the citizens have the freedom of expression and the liberty to enjoy the expressions of others without government interference since the Constitution protects them.
The “due process protection right” ensures that an accused person enjoys all his or her rights as stipulated in the constitution. The right protects the citizens against unreasonable arrest and searches. In other words, the law enforcement officers cannot conduct a search without a court warrant since the accused still enjoys the right to privacy (Gary 35). Additionally, the search warrant cannot be issued unless there are convincing reasons that the search will likely lead to finding evidence against the accused.
In 1954, Brown vs. Board of Education was considered one of the Supreme Court Landmark cases on Civil Rights. The Court unanimously held that the racial segregation of students in public schools was a gross violation of the civil rights, which amounted to discrimination (Klarman 55). Under those premises, it was evident that the United States Constitution should protect its citizens against discrimination and advocate for equality regardless of color, race, religion, or country of origin.
Essentially, the US constitution promotes a limited system of government that ensures that power is not focused on an individual or any branch of government. The system ensures that all arms of the government are kept in check, and other branches must approve any decision made by a particular arm of government. The US constitution also ensures that all its citizens have the right of expression,, and any criminally accused person should enjoy protection as provided in the constitution.
Garry, Patrick M. Limited Government and the Bill of Rights. University of Missouri Press, 2012.
Klarman, Michael J. Brown V. Board of Education and the Civil Rights Movement: Abridged Edition of from Jim Crow to Civil Rights : the Supreme Court and the Struggle for Racial Equality. Oxford University Press, 2007.
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