Why does freedom flourish in some countries, while other countries seem prone to constantly fall toward tyranny? Is it the people? Are some races or cultures incapable of democracy? I think that the truth is not found in the people, but in the institutions adopted by a nation.

Freedom is a fragile thing. There are always those who are more than willing to impose their desires on others. Every country, no matter how free, is full of mini tyrants, who do all they can to deprive family members, neighbors or employees of freedom and happiness. In some countries, some of these mini tyrants seem to make their way to the top. In other countries, there are institutions in place that prevent them from imposing their will on the nation. I will use U.S. institutions as an example, simply because I am most familiar with the operation of these institutions.

The founders of the United States were particularly concerned with devising a system, which would preserve the freedom of the individual. They understood that preserving freedom was not dependent on a "lack of power," but a division of power that would prevent any person or group from obtaining too much power in the system. Thus, they devised a system that divided power in numerous ways. First they divided power by establishing a "federal" system. Thus, you have a system in which the federal government can decide to go to war, but authority over textbook choices is beyond the federal government's control.

Power within the federal government is divided between three separate branches. Article I of the Constitution establishes Congress. Congress is granted authority to create laws, as long as those laws are based upon specific authority granted in the Constitution. For example, the Constitution grants authority to Congress over areas such as the regulation of international and interstate commerce, bankruptcy law, intellectual property law, federal taxation, the spending of federal monies. Article II establishes the Presidency and the executive branch of government. Among the powers of the President are authority to administer laws created by Congress, power to act as Commander-in-Chief of the armed forces and authority to conduct foreign policy. The third branch of the federal government is the federal court system. Article III places the United States Supreme Court at the top of the federal judicial system. Each of the branches of government can check the power of the other branches. I will not list all of the checks found in the Constitution, but Congress can deprive the President of funds if it does not like the President's foreign policy, and the President can veto a law passed by the Congress. However, the most significant check on federal power is not found in the Constitution.

In 1803, the third Chief Justice of the U.S. Supreme Court, John Marshall wrote the Court's opinion in the case of Marbury v. Madison. In this case, Marshall declared that based upon common law tradition the Supreme Court has the right to declare any act of another branch of government unconstitutional, and thus void. For 200 years, it has been the Supreme Court which has ensured that the other branches of government do not stray beyond their constitutional authority. There are many authoritarian nations with constitutions that guarantee the people freedom and individual rights. However, the lack of a strong judiciary capable of checking the power of the other parts of government has made such promises of freedom nothing more than an illusion.

Each state also follows this model. Thus, not only is power divided this way at the federal level, but also within each of the fifty states. States further distribute power to numerous county and city governments, school districts, and other local political subdivisions. This power is diffuse, but at all levels leaders of accountable to the electorate, the courts, law enforcement, etc.

During the ratification of the U.S. Constitution, many argued that it did not sufficiently protect the rights of the individual. Thus, they insisted that a "Bill of Rights" be added to the federal constitution. In 1791 the first ten amendments were added to the Constitution. The First Amendment includes the right to free speech, the right to worship as you choose, the right of a free press. The Fifth Amendment protects individuals from arbitrary acts of power. The federal government cannot deny a person "life, liberty or property without due process of law." After the Civil War, the Fourteenth Amendment was added to the constitution requiring that the state government protect these rights, as well. In addition, the Fourteenth Amendment requires that all people receive the "equal protection of the law."

Finally, the concept of private property divides power between the government and private sectors. As mentioned above, government cannot take property without "due process of law." This means that a person must be given notice of the intended action and a right to a hearing, where the owner of the property can make her case before an impartial court. If the government uses its power of eminent domain to take property for a public purpose, the government must pay fair value to the owner of the property.

With these numerous divisions of power, the founders created a system, which promotes individual freedom. It is not a vacuum of power, but an equilibrium of power. A vacuum of power tends to sweep everything away. An equilibrium of power produces a system that can deal with problems, but no one person or group of people can hold enough unchecked power to destroy the freedom of the nation's citizens. It is in these calm waters of power that freedom can be realized.