To prevent the concentration of power in any single entity, the Constitution divides the federal government into three distinct branches:

Legislative Branch (Congress): Makes the laws.

The argument that the Founding Fathers intended for the legislative branch (Congress) to have primacy (or be the "First Branch") is based on a few key factors:

Placement in the Constitution: Article I of the U.S. Constitution establishes the legislative branch, placing it before the executive (Article II) and judicial (Article III) branches.

Source of Legitimacy: The legislative branch is the branch most directly and immediately accountable to the people, as the House of Representatives was the only part of the original federal government directly elected by the populace.

Enumerated Powers: Congress is granted the most numerous and fundamental powers, including the power to tax, regulate commerce, declare war, raise and support armies, and, critically, the power to make all laws "necessary and proper" for executing its functions.

Checks on Other Branches: Congress was given powerful checks over the other branches, such as the Senate's power to advise and consent on presidential appointments and treaties, and the exclusive power of the House to impeach and the Senate to try all federal officials, including the President and judges.

Executive Branch (President): Enforces the laws.

Judicial Branch (Supreme Court and other federal courts): Interprets the laws.

Each branch has its own specific powers and responsibilities, creating a system of diffused authority.

Closely related to the separation of powers, this principle gives each branch of government the ability to limit the powers of the other two branches. This ensures that no single branch becomes too dominant. Examples include:

The President can veto legislation passed by Congress.

Congress can override a presidential veto with a two-thirds vote in both houses.

The Supreme Court can declare laws passed by Congress and signed by the President to be unconstitutional (judicial review).

This principle asserts that the people are the ultimate source of governmental authority. The government is created and sustained by the consent of the governed. This is most famously expressed in the opening words of the Constitution: "We the People." Citizens exercise their power primarily through voting for their representatives.

‍ ‍The government is not all-powerful. Its authority is restricted to what is granted to it by the Constitution. The Bill of Rights, the first ten amendments, explicitly outlines fundamental rights and freedoms that the government cannot infringe upon. The idea is to prevent the government from becoming tyrannical and to protect individual liberties.

This principle divides governmental power between the national (federal) government and the state governments. The Constitution grants certain powers to the federal government, reserves other powers to the states, and allows some powers to be shared. This division of power allows for a balance between national unity and local control.

This principle establishes a form of government where citizens elect representatives to make decisions on their behalf. The United States is a republic, not a direct democracy where every citizen votes on every issue. This system is intended to ensure that the government is responsive to the will of the people while being managed by those with the time and expertise to govern effectively.

‍ ‍A cornerstone of American governance is the protection of individual rights and liberties. The Bill of Rights guarantees fundamental freedoms such as freedom of speech, religion, and the press, as well as protections for those accused of crimes. These rights are considered inherent and cannot be taken away by the government.