What Is A Constitutionally Limited Government

Constitutional law restricts the government's ability to meddle in the affairs of the people in a "limited government." The US government is a prime example of a constitutionally limited government, despite some critics who claim that it is not sufficiently constrained.

 

•    Any central government whose authority over the populace is restrained by a written or other widely accepted constitution or by an overriding rule of law is referred to as having a "limited government." 

 

•    The theory of limited government is the antithesis of "absolutism," which gives one person, such as a king, queen, or other comparable sovereign, complete control over the populace.

 

•    The first legally binding written declaration of rights that included the idea of limited government was the English Magna Carta in 1512.

 

•    The United States of America's federal government is a limited one, as defined by the constitution.

 

The doctrines of "absolutism" or the Divine Right of Kings, which give a single person unlimited sovereignty over the people, are typically seen as the ideological opposite of limited government. The English Magna Carta of 1512 is credited with beginning the tradition of limited government in Western civilization. 

While the Magna Carta's restrictions on the king's authority only provided protection for a small portion of the English populace, it did give the king's barons some restricted privileges that they could use to challenge the king's policies. The Glorious Revolution of 1688 led to the English Bill of Rights, which further curtailed the authority of the king. 

 

The U.S. Constitution establishes a central government that is constrained by the text of the document, in contrast to the Magna Carta and English Bill of Rights, through a system of three branches of government with restrictions on one another's authority and the right of the people to freely elect the president and members of Congress.

 

A restricted form of government was enshrined in the 1781-ratified Articles of Confederation. However, the treaty left the country in financial ruin by failing to offer any means for the national government to raise money to pay its enormous Revolutionary War debt or to protect itself against foreign aggression. 

 

In order to replace the Articles of Confederation with the U.S. Constitution, the Constitutional Convention was called by the third iteration of the Continental Congress from 1787 to 1789.

Following intense debate, the participants to the Constitutional Convention developed a concept of limited government based on a system of checks and balances that was mandated by the Constitution, as outlined by James Madison in Federalist Papers No. 45.

 

According to Madison's theory of limited government, the new government's authority should be constrained both internally by the Constitution and outwardly by the American people via the representative electoral system. Madison also emphasized the significance of comprehending the necessity of the U.S. Constitution's inherent flexibility in order to allow the government to adapt as circumstances change over time.

 

The first 10 amendments, known as the Bill of Rights, are still an essential feature of the Constitution. The ninth and tenth amendments define the U.S. system of limited government, which is in contrast to the first eight amendments, which outline the people's rights and safeguards.

 

The Ninth and Tenth Amendments explain the distinction between the implied or "natural" rights that all people are given by nature or God and the "enumerated" rights that are expressly granted to them through the Constitution. The Tenth Amendment also outlines the exclusive and joint powers of the federal government and the state governments, which together constitute federalism in the United States.

 

The Constitution restricts the authority of the federal government in at least three significant ways, albeit the phrase "limited government" is never used.

 

•    The government is banned from directly intervening with certain aspects of the life of the people, such as religion, speech and expression, and association, as is substantially stated in the First Amendment and throughout the rest of the Bill of Rights.

 

•    Exclusively granted to state and municipal governments are several rights that the federal government is prohibited from exercising. 

 

•    The people retain any authority and rights not reserved by the federal or state governments.

 

Governments in the free world exist to uphold order and stability so that people can live in security, prosperity, and happiness. Governments are the institutional powers that legitimately rule communities of people. 

 

The people—the group of individuals by and for whom the government is established—are the source of a government's authority under a democracy.

 

Making laws, putting them into action, and interpreting them are the three fundamental duties performed by every democratically elected government. These duties fall under the purview of the legislative, executive, and judicial branches of government in the US and the majority of other democracies. 

 

The government in a conventional representational democracy is both constitutional and constrained. The powers of government are constrained by a constitution of the people, drafted by their representatives and adopted directly or indirectly by the people, to ensure that they are used only to protect the people's freedom and general welfare.

 

Despite never using the phrase "limited government," the US Constitution restricts the federal government's authority in at least five significant ways.

1.    The Constitution restricts the executive branch by outlining or listing its authority. The government is not allowed to use any authority that isn't explicitly or implicitly given to it. 

 

2.    The legislative, executive, and judicial departments of government are each given distinct authority under the Constitution. In order to prevent anyone or any agency from misusing their power, several officials and agencies within the government are given constitutional powers to check and balance the exercise of power by others. 

 

An essential instrument for preventing the abuse of authority by government officials is the independent judiciary's authority to declare null and void the actions of the government that it believes to be against the Constitution. The investigative and oversight capabilities of the legislative branch can be used to stop excessive or dishonest behavior by executive officials and agencies. 

 

3.    The federalist framework that the Constitution establishes facilitates the division of powers between the federal and state governments. National and state governments "are in truth simply distinct agents and trustees of the people, formed with differing authorities," as James Madison famously put it.

 

4.    The Constitution enables the people to hold their representatives accountable through regular elections that are held in a free, fair, and competitive manner. Additionally, the populace can mobilize public opinion against elected or appointed officials who abuse or irresponsibly exercise their political power by using their constitutionally guaranteed rights to free speech, the press, and assembly. 

 

5.    The Constitution also forbids the government from denying the populace a variety of civil liberties. The Constitution guarantees rights to trial by jury, equal treatment under the law, and other things in addition to political rights like voting and using the media to express one's beliefs.

 

Like other governments, the federal government of the United States is funded entirely by taxes levied against citizens and for-profit corporations. Tax burdens on citizens and businesses typically remain modest in nations with small governments. Since people and businesses will have more money to save, invest, and spend, the economy will continue to expand as a result. 

 

If there is enough demand, the private sector will offer services like roads, public schools, and law enforcement that are often funded by taxes. Additionally, lessening government also means fewer, more expensive to enforce regulations.

 

Many people today wonder whether the Bill of Rights' limitations on government growth and interference in the lives of the people have ever been or will ever be sufficient to do so. While upholding the spirit of the Bill of Rights, the government's control over contentious issues like school prayer, gun laws, abortion rights, same-sex unions, and gender identity has made it difficult for Congress and the federal courts to fairly interpret and apply the Constitution.

 

We see more proof of how much the government's sphere of influence has expanded over time in the hundreds of federal rules produced each year by dozens of independent federal agencies, boards, and commissions. But it's crucial to keep in mind that almost always, it was the populace that asked for the government to enact and enforce these rules and laws. 

 

For instance, over the years, the public has called for laws to guarantee a number of issues not covered by the Constitution, such as clean water and air, safe workplaces, consumer protection, and many others.