When the thirteen British colonies in North America declared their independence in 1776, they laid down that governments are instituted among Men, deriving their just powers from the consent of the governed. In so doing they were consciously echoing the words of the Great Charter which King John had sealed 561 years before, wherein he had undertaken that no tax may be levied in our kingdom without its general consent. Similarly, the federal constitution which the newly independent states drew up in 1787 was to a large extent the formal statement of rights and liberties already won in Britain. However, while England had for centuries been intent on limiting the power of the absolute monarchy, American constitution-writers now focused on limiting the power and potential danger of the new "absolute ruler" - Congress, and the power of federal government institutions generally. This they sought to achieve not only through constitutional provisions and the Bill of Rights, but also through the celebrated "checks and balances" whereby two Houses, and the President as Executive, exercise discipline and restraint over one another. The judiciary was also placed to act as a restrictive force; indeed the US Supreme Court has traditionally seen itself as the ultimate discipline upon government power, and champion of the citizen against government excesses. The supremacy of the constitution over any and all branches of government was seen by America's Founders as the essential assurance of orderly and disciplined government, a view clearly described by Mr Hugo LaFayette Black, Associate Justice of the US Supreme Court, 1937-1971. "The form of government which was ordained and established in 1789 contains certain unique features which reflected the Framers' fear of arbitrary government and which clearly indicate an intention absolutely to limit what Congress could do. "The first of these features is that our Constitution is written in a single docume...
