How has our goverment changed from what the framers of the Constitution intended?
Explain by examining the implied/informal powers and expressed/formal powers of the 3 branches of goverment
To understand how our government has changed from what the framers of the Constitution intended, we need to examine the implied/informal powers and expressed/formal powers of the three branches of government.
The framers of the Constitution intended for a system of checks and balances, where each branch would have specific powers and responsibilities. The three branches of government are the executive, legislative, and judicial branches.
1. Executive Branch:
The expressed/formal powers of the executive branch, as outlined in the Constitution, include the power to appoint federal judges, veto legislation, grant pardons, and serve as commander-in-chief of the armed forces. However, over time, the executive branch has gained several implied/informal powers. These powers are not explicitly stated in the Constitution but have been acquired through historical precedent and evolving interpretations. Some examples of these powers include executive orders, executive agreements, and executive privilege. These implied/informal powers have expanded the authority of the executive branch beyond what the framers originally intended.
2. Legislative Branch:
The expressed/formal powers of the legislative branch, outlined in the Constitution, include making laws, levying taxes, declaring war, and regulating commerce. However, similar to the executive branch, the legislative branch has also gained implied/informal powers over time. One example is the power of congressional oversight, allowing Congress to investigate and supervise the executive branch's activities. This power has become more prominent in modern times, enabling Congress to exert influence beyond the specific powers enumerated in the Constitution.
3. Judicial Branch:
The expressed/formal powers of the judicial branch, as stated in the Constitution, include interpreting laws, resolving disputes, and adjudicating cases. The framers intended for the judicial branch to act as an independent and impartial arbiter. However, the judicial branch has also acquired implied/informal powers that shape its role beyond what was initially intended. One key example is the power of judicial review, established in the landmark Supreme Court case Marbury v. Madison in 1803. This power allows the courts to declare laws and executive actions unconstitutional, giving the judiciary significant influence in shaping public policy.
In summary, our government has changed from the framers' intentions through the development of implied/informal powers in all three branches. These powers, acquired over time through precedent and interpretation, have expanded the authority and impact of each branch beyond their expressed/formal powers, thus altering the balance of power established by the framers in the Constitution.