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.