M2: Against Monarchic Authority
Historical Context and the English Constitutional Monarchy
Colonial Grievances Against Monarchical Power:
Colonial opposition and rebellion were predominantly targeted at the English constitutional monarchy and king.
The British monarch was viewed as wielding virtually untrammeled and unchecked power across all facets of governance.
The king combined multiple governmental roles into a single authority by:
Drafting and making legal directives.
Enforcing those legal directives.
Sitting in judgment over violations of those same directives.
Tripartite Disentanglement of Governmental Functions
Establishment of Separate Departments:
To prevent the concentration of untrammeled authority, the early American colonies explicitly separated and disentangled the three fundamental functions of government into distinct departments:
Legislative Power: The sole authority to create laws.
Executive Power: The authority to enforce laws.
Judicial Power: The authority to interpret and decide how laws apply to specific legal violations.
This formal division of functions was considered essential both in drafting state-level frameworks and in structuring the national Constitution.
Institutional Power Dynamics and Constitutional Durability
Institutional Power Expansion:
A core premise of political science asserts that government institutions inherently attempt to maximize and expand their own authority relative to other branches.
Institutional power grabs are an inescapable, fundamental feature of governmental behavior.
Requirement for Constitutional Safeguards:
A functional separation of powers system must contain structural mechanisms to withstand and actively protect against inter-branch power expansion over time and under changing circumstances.
Design of the Executive Branch and Rejection of Monarchical Power
Deliberate Weakening of the Executive Branch:
Constitutional architects intentionally designed the executive department to be the weakest of the three branches of government.
This structural weakness was intended as a durable guard against the dangerous consolidation of power in a single leader.
Risk of Executive Populism:
An elected executive inherently possesses the unique capacity to mobilize widespread public support.
Framers feared that a popular executive could harness public enthusiasm to siphon authority away from the legislative and judicial branches, effectively converting an elected presidency into a monarchy.
Allocation of War Powers:
British Model: The British king possessed unilateral authority to declare war, raise and support armies, and direct war powers.
American Constitutional Model: The framers explicitly rejected the British monarchical model by denying war-making powers to the President.
Congressional Authority: The power to declare war, as well as the power to raise and support armies, was explicitly assigned to Congress.
Structural Analysis and Remediation of Separation of Powers Violations
Maintaining Long-Term Separation:
Designing durable structural boundaries prevents changing political conditions from eroding constitutional limits.
Addressing Potential Violations:
Constitutional analysis requires identifying potential and actual violations where executive, legislative, or judicial actions impermissibly cross departmental boundaries.
Evaluating systemic remedies is necessary to restore legal equilibrium when institutional overlaps or power grabs occur.
The Articles of Confederation and the First National Government
Governing Framework in the 1780s:
The Articles of Confederation served as the initial proto-constitution for the United States during the 1780s.
Deficiencies of the Articles of Confederation:
Constitutional architects recognized significant structural flaws in the Articles of Confederation.
Overcorrection Against Monarchy: The drafters' intense anti-monarchical bias led to an overcorrection, creating a national government that was excessively weak across all domains.
Omission of an Executive Branch: The Articles omitted a national executive entirely, leaving the federal government without the structural capacity to enforce national laws.