Limited government (political philosophy)

Limited government is a political philosophy in which the power afforded to a government is restricted by law through a written constitution or other governing document. A limited government is designed to protect the rights of the individual and confines the authority of the government to those powers specifically assigned to it in a constitution. The government of the United States and many other democracies around the world are founded on the principles of a limited government. The idea of such a government was first developed in England in the early thirteenth century. It was further expanded in the Constitution of the United States, specifically in the Bill of Rights, the first ten amendments to the document that placed additional limits on the power of the national government.

Background

Most early human civilizations had forms of government that consolidated power in a central figure, such as a king or chief. These rulers usually had significant authority and often passed their powers down through family lineage in the form of dynasties. The oldest-known form of democracy—a system of government in which the people have a direct say in their own government—was instituted in ancient Greece around the fifth century BCE. Greek democracy allowed adult males to freely address an elected assembly and vote on matters concerning the city-state. Laws passed by the assembly could be challenged in a court of law. This early exercise in restricting authoritarian rule lasted until the start of the fourth century BCE, when it was replaced by systems in which power was concentrated in the hands of one person or a small group of people.

By the ninth century CE, much of Europe was ruled by kings or lords who held power over the lands they owned. These rulers rewarded members of the nobility with titles to land in exchange for their loyalty. The king or lord was the sole authority over their lands, and the nobles and peasants who worked the fields were subjects to his will. In 1199, King John was named ruler of England, but his claim to the throne was contested by his nephew. The dispute resulted in a costly war with France that supported John’s rival to the throne. John demanded money and soldiers from the noble landowners to fight the war. The nobles considered John a cruel tyrant and after several embarrassing defeats and more demands for money, they rebelled against him. They seized control of the royal palace in London and demanded reforms from the king.

Overview

On June 15, 1215, John was forced to sign a document conceding certain powers to the nobles and agreeing to limit the power of the king. The document, called the Magna Carta—Latin for “great charter”—was the first written constitution in history. Among its tenets were a guarantee against cruel and unusual punishment; protection against confiscation of life, liberty, and property; the right to a fair trial; and an agreement that the king could not impose certain taxes without the people’s consent. The Magna Carta did not accomplish all of its goals and was amended several times after John’s death in 1216, but it established a template the British would later use to extend basic rights to the average person.

After King James II was overthrown in the Glorious Revolution of 1688, England’s new rulers—King William and Queen Mary—were forced to agree to the English Bill of Rights. The document expanded the rights given to the people and stated that the monarchy was not above the law. The document also established that Parliament—a representative body of elected and appointed officials—would be the primary governing authority.

Ironically, it was the belief that the British government was acting in a tyrannical manner that led to one of the most influential examples of limited government in history. American colonists, tired of the excessive taxation imposed by the British, declared their independence in 1776 and eventually won their freedom in 1783. In forging the new government of the United States, the American Founding Fathers took great pains to ensure their leaders could not accumulate unchecked power. A first attempt at a limited government, the Articles of Confederation, proved ineffective, prompting the creation of the US Constitution in 1787.

The Constitution established a government system known as federalism, a structure in which the national government shares power with state and local governments. The Constitution also split the national government into three branches. The executive branch administers the law and includes the President of the United States. The legislative branch enacts the laws and is made up of both houses of Congress. The judicial branch interprets the law and determines if it adheres to the Constitution. Each of these three branches is granted some power over the others. This system of checks and balances is meant to ensure no one branch becomes too powerful.

Even after the Constitution was passed, the debate continued over whether it went far enough to limit the national government. On one side were the Federalists, who were in favor of a strong national government. They were opposed by the Anti-Federalists, who wanted more power in the hands of the states. Bowing to pressure by the Anti-Federalists, Congress enacted ten amendments to the Constitution in 1791. These amendments were known as the Bill of Rights and further limited government power while increasing the rights of the individual.

Many of the cornerstones of limited government in the United States are contained in the Bill of Rights. The First Amendment guarantees Americans that government will not interfere with their freedom of speech, freedom of religion, and freedom to assemble and protest. Other amendments ensure the right to bear arms, the right to a fair and speedy trial, the right to trial by jury, and protections against illegal search and seizure of private property. The Tenth Amendment affirmed the commitment to limited government by stating that any powers not specifically designated to the federal government by the Constitution shall automatically be given to the states or the people.

Bibliography

“America's Founding Documents.” National Archives, 7 Oct. 2021, www.archives.gov/founding-docs/more-perfect-union. Accessed 17 Jan. 2025.

Barth, Alan. “The Roots of Limited Government.” Future of Freedom Foundation, 1 Feb. 1991, www.fff.org/explore-freedom/article/roots-limited-government. Accessed 17 Jan. 2025.

“Bill of Rights: The 1st Ten Amendment.” Bill of Rights Institute, billofrightsinstitute.org/founding-documents/bill-of-rights. Accessed 17 Jan. 2025.

Cartwright, Mark. “Ancient Greek Government.” World History Encyclopedia, 20 Mar. 2018, www.worldhistory.org/Greek‗Government. Accessed 17 Jan. 2025.

Davies, Stephen. “Encyclopedia - Limited Government.” Libertarianism.org, 15 Aug. 2008, www.libertarianism.org/encyclopedia/limited-government. Accessed 17 Jan. 2025.

Garry, Patrick M. Limited Government and the Bill of Rights. University of Missouri P, 2012.

Hayes, Adam. “What Is a Limited Government, and How Does It Work?” Investopedia, 29 Oct. 2024, www.investopedia.com/terms/l/limited-government.asp. Accessed 17 Jan. 2025.

“Magna Carta.” History, 9 Aug. 2023, www.history.com/topics/british-history/magna-carta. Accessed 17 Jan. 2025.

Palmer, Tom G. “Limited Government and the Rule of Law.” Cato Institute, 2022, www.cato.org/cato-handbook-policymakers/cato-handbook-policymakers-9th-edition-2022/limited-government-rule-law. Accessed 17 Jan. 2025.