134. The government of the United States, as also that of each State, is a government of limited powers. In our day we speak of either government as one of _limitations_; in the eighteenth century the equivalent expression was “checks and balances.”[352] Fundamentally, American constitutional law is the law of constitutional limitations. These limitations confront us at whatever point we consider American law and government. Sovereignty,—the people of the United States, or the people of a State,—has never delegated all its powers to government, and never any of them without limitations.[353] Written constitutions are limitations of delegated powers. But powers delegated to what we commonly call a department,—as the legislative, the executive, or the judicial,—are sufficient for the necessary and proper performance of the functions (or as constitutional law would say, “execution of the office”) of the department. This concept of the nature of the grant of powers is fundamental; on no other concept of power can government in America be operated. It remains then to know the scope and character of these checks and balances,—these limitations,—which, however obscure, distinguish constitutional law and government in America. In the federal system, the government of the United States is balanced against that of the States, the office, or function of the one, operating as a limitation on the office or function of the other. This, unquestionably, is the essential, or principal limitation in the American civil system. It discloses itself in the frequent question whether a public service shall be done by the United States or by the State,—touching such matters as public health, public safety, public morals, commerce, labor, and others. Here there always is the question of authority, whether it is State or federal, and, if any, to what extent? And if there is limitation, is it of State authority by federal, or of federal authority by State,—or, is it of both by fundamental limitations? Passing the mutual limitation of the two governments, we come to limitations of each, and these limitations are similar. Powers of the Senate counterbalance powers of the House; powers of the Legislative counterbalance those of the Executive; powers of the Judicial counterbalance powers of the Executive and the Legislative. If the President nominates, the Senate may refuse to conform; if he negotiates a treaty, the Senate may refuse to ratify it. If President or federal Judge fails to execute his office, the House may impeach, and the Senate convict of “high crimes and misdemeanors.” If members of Senate or House fail to satisfy their constituents, these may elect other men as their successors. No office in the American system of government is for life, though it may be for good behavior. Lincoln states the whole case: