In 1787, delegates met at the Constitutional Convention. The frames of the Constitution put a lot into the document to ensure limited government. Constitutionalism is a set of arrangements that includes checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights. All of these aspects contribute to the document upholding a limited government.
Federalism was established to give some powers to the national government and others powers to the states. The frames knew this would not be enough to keep things under control. In addition to federalism, they devised free and fair elections to force officials to observe the constitution. Free and fair elections made it possible for voters to throw people out of office who were abusing their powers. .
The constitution has three branches. This is the separation of powers. The three branches are legislative, executive, and judicial. The legislative branch passes laws. The executive branch enforces laws. The judicial branch interprets laws.
Check and balances enables the three branches to check the acts of the other branches to ensure that one is not dominate over the others. This was the solution that the framers came up with when they realized that even thought the powers were separated, some officials may try to pool their powers and act together. The exercises of checks and balances are vetoes, judicial review, impeachment, and confirmation.
Rule of Law means that government is based on a body of law that is applied equally and just procedures. In order for a government to adhere to rule of law, its laws and policies should follow five rules. They are generality, prospectively, publicity, authority, and due process. Due process is the established rules and regulations that restrain government officials who exercise power. .
The Bill of Rights is judicially enforceable. It provides a written guarantee of individual liberties and due process before the law.
