People usually think of the three functions or powers of
government as the legislative, executive and judicial, but Madison and Hamilton
discussed four more in The Federalist (based largely on the ideas of Montesquieu
and Locke).
Together these seven are:
- Legislative
- Executive
- Judicial
- Federal (the relations of the various levels of government)
- Amendments (the power to change the Constitution)
- Treaties (the relations with foreign governments)
- Ratification (the power to establish a Constitution)
Note that the American framers structured all seven into the
United States Constitution. In fact, the seven items above form an outline of
the seven articles of the Constitution.
Also note that the power to establish a constitution is
primary to all the others--unless it is exercised, the other powers are dormant
and no legitimate government exists. And, as discussed in the Declaration of
Independence, only the people have this natural right and power.
Another important concept is that at the local level the
regular people were in charge of the legislative, federal, amendment, and
ratification, and they were the overseers of the executive and judicial.
Only
the power to interact with foreign governments, what Locke called the
"federative" power, was entirely delegated to the state and national levels of
government.
The state level was given great power to negotiate and interact on
trade issues with foreign powers.
In all this there is a clear intention to give the national
government certain important powers, but to limit them and keep most of the
authority and action of government at the lowest effective level.
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