Scope and limits of power in the founding documents

¶ … Limits of Power

As detailed in Federalist Paper No. 67, although the executive power of the new American republic had certain absolute executive privileges, such as the ability to fill vacancies in the Senate, most significant powers were either checked by Congress or balanced out by the other two branches of government. For example, Congress had the power to declare war, not the president. The independence of the judicial branch was also an argument that no branch could grow more powerful than the other two. Hamilton argued in Federalist Paper No.77 that: "the answer to this question has been anticipated in the investigation of its other characteristics, and is satisfactorily deducible from these circumstances; from the election of the President once in four years by persons immediately chosen by the people for that purpose; and from his being at all times liable to impeachment, trial, dismission from office, incapacity to serve in any other, and to forfeiture of life and estate by subsequent prosecution in the common course of law." The anti-federalists in papers such as Cato in No.5, expressed anxiety that a national representative government with so few members would begin to serve its own, rather than the people's interests. "It is a very important objection to this government, that the representation consists of so few; too few to resist the influence of corruption, and the temptation to treachery."

However, while concerns about the Constitution's ratification have long been settled, the question about the degree to which individuals in a republic truly represent their constituents remain. Today, the expense of running a campaign often means that wealthy donors and special interest groups have more influence upon representatives than ordinary citizens. Even the Supreme Court has been criticized for being overly beholden to business interests in rulings such as Citizen's United.