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U.S. GOVERNMENT | A resilient balance of institutions

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Constitutional Framework Safeguards Against Tyranny

The U.S. Constitution establishes a federal government in which each branch operates independently of the others (separation of powers) but in which the powers of each are restricted by the others and power is not concentrated in any one branch (checks and balances). This approach guards against tyranny and protects the rights of citizens while allowing a strong central government.(See "Checks and Balances.")
  • Supreme Court Building
    The judicial branch can:

    • Check the power of the legislative branch by declaring a law unconstitutional
    • Check the power of the executive branch by declaring an action (such as an executive order) unconstitutional
    Find out more in: "The Courts."

  • The White House
    The executive branch can:

    • Check the power of the legislative branch by vetoing bills passed by Congress
    • Check the power of judicial branch by nominating new judges to replace those who die or retire
    Find out more in: "The President."

  • U.S. Capitol Building
    The legislative branch can:

    • Check the power of the executive branch by refusing to fund executive activities (the power of the purse), by impeaching the president or vice president or withholding confirmation of individuals the president has nominated to federal posts
    • Check the power of the judicial branch by impeaching federal justices and judges
    In the U.S. Congress, each chamber -- the Senate and the House of Representatives -- balances the powers of the other. The most obvious example is the requirement that a bill must be approved by both chambers before it can become law.
    Find out more in: "Congress."

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Protecting Individual Rights

  • A brief summary of the first 10 amendments to the U.S. Constitution, collectively known as the Bill of Rights

    • 1st
      • 1st Amendment

        Congress may not establish a religion, restrict free speech or press freedom, or deprive citizens of rights to assemble peacefully or petition the government.
    • 2nd
      • 2nd Amendment

        The government may not infringe on the rights of the people to keep and bear arms.
    • 3rd
      • 3rd Amendment

        Soldiers may not be quartered in any house without the consent of the owner.
    • 4th
      • 4th Amendment

        Neither individuals nor their homes and property may be searched or seized unless a legal warrant, based on probable cause, is issued.
    • 5th
      • 5th Amendment

        An individual charged with a crime is entitled to due legal process, cannot be tried twice for the same offense, and cannot be compelled to testify against him- or herself. The government cannot seize private property without just compensation.
    • 6th
      • 6th Amendment

        An individual accused of a crime has the right a speedy trial by an impartial jury, to be informed of the charges, to confront witnesses, and be assisted by legal counsel.
    • 7th
      • 7th Amendment

        In civil litigation, parties are entitled to a jury trial, and no fact established by a jury be re-examined in any higher court.
    • 8th
      • 8th Amendment

        The government may not impose excessive bail, excessive fines imposed, or cruel and unusual punishments.
    • 9th
      • 9th Amendment

        The listing of specific rights in the Constitution does not deny or disparage other rights retained by the people.
    • 10th
      • 10th Amendment

        Powers not delegated to the U.S. federal government by the Constitution are reserved to state governments and to the people.

Timeline

  • Timeline graphic
    Right to Vote

    Voting eligibility has been a persistent question in American history. From the nation’s founding, the franchise gradually has expanded from a ballot limited to white, male property-owners to a universal franchise for nearly everyone over age 18.
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In Depth

  • The Constitution is a broad framework that, even after 220 years, has the flexibility to adapt to a changing world.