A major principle guiding the design of the Constitution is

A major principle guiding the design of the Constitution is separation of powers. Which of the following is part of the separation of powers principle?

Including the Bill of Rights

Including the Supremacy Clause

Giving Congress the ability to pass laws and the President the ability to enforce laws

Giving the national government the ability to regulate interstate commerce

Solution

The Principles

Based on the above and the structure of the Constitution, we can establish some basic principles.

First, the federal government was created and empowered through a grant of power¾not a surrender of power.

Second, the original grant of power that created and empowered the federal government was a qualified grant of power because the Founders separated or divided power between the States and their federal government.

Third, after deciding to separate power between the States and their federal government, the Founders separated power between the 3 branches of the federal government.

Fourth, after separating power between the States and their federal government and then between the 3 branches of the federal government, the Founders delegated limited enumerated powers to each branch of that government to put the original grant of power into effect.

Fifth, all of the limited powers delegated to the 3 branches of the federal government are restricted to and flow from the second principle because a subsequent delegation power cannot apply to a class or sphere of power that was not granted in the first place.

Sixth, the 3 branches of the federal government cannot constitutionally invoke their delegated powers to circumvent the second principle because a subsequent delegation of power cannot be invoked to exceed the original grant of power.