ABSTRACT

Controllingpowerinafreesocietyandguardingagainstits usurpationandabusearethecoreoftheAmericanpoliticoeconomicexperience.

Inthepoliticalrealm,thenewAmericannationwasbornasa protestagainstarbitrarypower,symbolizedbytheBritishCrown. Thenation'sfoundersunderstoodthatinframingagovernance structureforafreesociety,theymustprovideforagovernment strongenoughtopreventindividualsfrominfringingonthe rightsandlibertiesofoneanother,andatthesametimea governmentthatwasnotsopowerfulthatitcouldoppressthe citizenry.AssonsoftheEnlightenment,thefoundershada dyspepticviewofhumannature;theyrecognized(asThomas Burkeexpresseditin1777)that"Powerofallkindshasan irresistiblepropensitytoincreaseadesireforitself,"that"Power willsometimeorotherbeabusedunlessmenarewellwatched, andcheckedbysomethingtheycannotremovewhenthey

please," and that "The root of the evil is deep in human nature. " 1

The Constitution crafted by the founders was predicated on two transcendental political principles: First, that it is in the structure of government, and not the personal predilections of those who govern, that liberty must be vouchsafed; and second, in Jefferson's words, that "it is not by the consolidation or concentration of powers, but by their distribution, that good government is effected. " 1 Above all, the Constitution was to be, and is, a power-control structure-a system of governance for controlling political power, and for guarding against its abuse, by dispersing decision making among three coordinate and coequal branches, each designed to act as a built-in check and balance to the others in order to protect the people.