Division Of Powers And Separation Of Power

In 1997, we declared our Independence. We broke away from England to stop being controlled by the king. The king had too much power and we wanted to gain our Independence. The king of England was a tyrant towards the people of England. The Articles of Confederation were the very first set of laws for the Government , that explained the duties and powers.

Separation of powers is an act of vesting the legislative, executive, and judicial powers of governments in separate bodies. In Document B it states "Liberty requires that great departments of powers should be separate and distinct." Separation of powers protects against tyranny because it allows each branch to have a different view point on a subject of matter. It allows people to express their

Almost 230 years ago in Philadelphia, 55 representatives from 12 out of the 13 colonies met up to revise the Articles of Confederation. They felt the Articles were too weak and went into this meeting with the intention of only changing a couple of things on the regarding America’s protection against a dictatorship. Instead, they ended up creating a completely new system; the Constitution. The Constitution protects Americans from tyranny through federalism, separation of powers, checks and balances, and protection of small states.

What keeps the U.S. government from becoming a tyranny? The things that keep the government from becoming a tyranny are the use of federalism, separation of powers, and a system of checks and balances. Federalism is where the national or central government is stronger than the state and local government, The separation of powers is where the power is split between three branches, and the system of checks and balances limits the one of the three branches from becoming too powerful.

First Draft Throughout history, empires have arisen through tyrant leaders, tyranny being a cruel and unfair treatment by people with power over others, such an example would be the Roman Empire. Even though they began as a republic, they soon became under control of a series of tyrannical leaders. So, how has America, as a republic itself, been able to avoid any tyrant takeovers? The answer lies in our constitution.

In 1776, the colonies wrote a Declaration of Independence that made the 13 colonies their own country, because they felt that King George III was a tyrant that abused his power too much and did not give the colonies their rights. The Articles of Confederation was the first constitution that gave the states all of the power. A new constitution was needed because the national government had no power over the states. which were out of control. In May of 1787, 55 delegates from twelve states , excluding Rhode Island, traveled to Philadelphia to fix the Articles of Confederation. When they were all gathered, the delegates decided to write a whole new constitution with a more powerful national government. The Constitution guarded against tyranny

The separation of powers is a theory of government whereby political power is distributed among three branches of government; the legislature, the executive and the judiciary. The doctrine of the separation of powers embodies three basic principles; limited government, which means that the government’s power over its citizens is limited by the Bill of Rights. Secondly is the separation of personnel, meaning that no one person can hold office in separate branches of the government at the same time. And lastly, each branch of government keeps a watch over the other branches of government and in some cases can overrule it to prevent them from becoming too powerful.

Before the constitution, there were queens, kings, dictators and other tyrants with too much power. The Constitution of the United States kept that from happening by setting new rules and groups of people to be in charge of certain jobs, in order to keep a single person or group of people from gaining too much power. The US Constitution established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens. It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia, presided over by George Washington. You may ask, How did the constitution guard against tyranny?

Tyranny, expressed in various manners, is often defined as a cruel and oppressive government or absolute power in the hands of an individual. In May of 1787, 55 men called for a Constitutional Convention in order to establish a new constitution, as the Articles of Confederation was not a functioning part of the government and to the nation. With the new constitution, they hoped to be able to create something that would serve their nation as well as guarantee a tyranny-free government. This renewed document guards against tyranny through Federalism, Separation of Powers, and equal representation

Separation of powers mean that powers of the governments are separated among the tree branches. Legislative branch, the congress, has the power to make the laws. According to the document B, the excerpts from the Constitution, states “All legislative powers… shall consist of a Senate and House of Representative.” If the legislative branch make the laws, who enforces them? The executive branch carry out or enforce the laws. “... shall be vested in a President of the United States.” is read in the document B, excerpts from the Constitution, Article 2, Section 1, Clause 1. Document B has also stated that “The Judicial power of the United States shall be invested in one Supreme Court,” The judicial branch has the power to judge or interpret the laws. These separated powers protect against tyranny, because it make sures that no one branch has more power than the other. In James Madison’s Federalist Paper, #47, 1788, reads “(L)iberty requires that the three great departments of power should be separated and

Separation of Powers – the split of authority among the legislative, executive, and judicial branches of government.

Since the days of the French philosopher Baron de Montesquieu introducing the Tripartite system, the political doctrine of Separation of Powers has been a fundamental component of the United States Government. The division of federal duties within the nation is essential in order to dissolve concentrations of power within the government, furthermore avoiding tyranny. This dogma is analyzed within Linda R. Monk’s book The Words We Live By: Your Annotated Guide to the Constitution, which provides readers an in depth analysis of the Constitution and amendments, via former and current day examples.

The separation of power is a concept established by framers and refinements that influenced the establishment. It was designed to prohibit one branch of government from having too much power it is also known as checks and balances it distributes and limits the use of power between the three branches of government: legislative, executive ,and judicial. However, Each branch has certain abilities but is checked by another branch to make sure that branch does not abuse its power( Three...Gov. ). For example,”The president appoints judges and the departmental secretaries, but theses appointments must be approved by the senate. The congress can pass a law, but the president can veto it. The Supreme Court can rule a law to be unconstitutional, but the congress, with the state, can amend the constitution” (Three...Gov. ). The legislative is the primary branch made up of the house of representative and the senate. At first, the framers had planned to for the house of representative to have its center of attention on daily concern, while the senate is further deliberative but as time passed by their roles changed both now have an identical amount of power as well as duties(legislative). This branch has the ability to make laws and also to impeach officials like the well known investigation that occurred in 1974 when president Richard Nixon was involved in the watergate scandal that led him to getting impeached but, step down before the processes had finished.

The doctrine of the separation of powers is an important principle in Constitutional law. The separation of the legislature is the power to make laws; the executive is the power to administer the laws; and the judiciary is the power to interpret and enforce laws that is constructed through the Commonwealth of Australia.

The difference between the division and separation of powers is small. The Division of power is one of the most important aspects of the Constitution. This role is dividing power between the state and Commonwealth parliaments. This division is separated into three powers, Residual, Concurrent, and Exclusive. Residual powers are those powers that the states have in areas such as, health, transport and policing, concurrent powers are those shared between the commonwealth government and state governments. Areas such as Medicare funding .The Exclusive powers are those powers granted only to the Commonwealth of Australia parliament. . Example in the Commonwealth of Australia Vs. The state of Tasmania (1983) the commonwealth blocked the state from constructing a hydroelectric dam in the world heritage listed Gordon river. The state claimed it was unconstitutional for the commonwealth to block the dam because power generation was an area of state responsibility. The commonwealth then argued that it did have power to block construction because Australia was signatory to the convention for the protection of the world cultural and natural heritage (1972) it argued that because this international agreement stipulated