Separation Of Powers Research Paper

“The accumulation of all power... in the same hands, whether of one, a few, or many (is) the very definition of tyranny.”  James Madison believed tyranny could be exhibited in many ways. In May of 1787 our founding fathers assembled to Philadelphia to discuss the Articles of Confederation which was the United States current constitution. After much debate, the decision was to obliterate the Articles of Confederation and adopt a completely different constitution which is our current United State’s Constitution. The United State’s current Constitution was officially ratified ten months after the meeting. Consisting of; Federalism, Separation of Powers, Checks and Balances, and Balancing Power between the Large and Small States.

If the President is suspected of unlawful acts, he can be impeached, or tried by the Senate for misusing his power. The Senate has the sole power to try all impeachments. If he is found guilty, he can be punished but his sentence can be no more than being thrown out of office and being forbidden to hold any government office. Furthermore, if the President wants to spend money, his request must pass through Congress, since it has control over spending. Lastly, Congress can re-pass a bill that was vetoed by the President. Congress also has checks and balances against itself. The President can veto a bill from Congress, and although Congress can override a veto, obtaining a two-thirds vote to do so is very difficult. Public speeches by the President may also concern the public with an issue, putting pressure on Congress to act upon it. The Judicial branch exerts control over the other two by deciding whether or not actions made by the President or Congress, i.e., laws are constitutional.

One of the most important principles incorporated in the U.S. Constitution is separation of powers. The U.S. Constitution divided the central government into three branches and created a system of checks and balances as a way to prevent the concentration of power. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” In order to be sure that the main

The Separation of Powers is important because of many different reasons. First, the power in the government is split up into three branches including the following: Legislative, Executive, and Judicial. This helps distribute the power and not have any collisions between who has what. Also, all three branches are able to do their own things but in the end they all have the same goal. With this certain principle, this allows the government to run smoothly and stay on track. Overall, this is a very important role that cannot be changed.

The separation of powers is very important because it makes sure that too much power is in one’s hands. This is found in the examples of where the president can veto any law that Congress tries to

After the Constitutional Convention in 1787, the United States Government was reorganized under the Constitution. This gave the federal government far more power than did the Articles of Confederation, which invested power within the states. Basically, the Constitution created three branches of government (Executive, Judicial, and Legislative) which would work together to run the government. To make sure that there was an equal balance of power among the branches, a system of checks and balances was devised so that each branch could limit the power of the others. It is important to note that "the doctrine of separation of powers is not established by any constitutional provision [but] rather it emerges from he framers'

The power surrendered by the people is divided in two distinct governments (state and federal). In James Madison’s federalist paper #51, it says, “Hence a double security arises to the rights of the people. The different governments will each control each other, but at the same time they shall be controlled by itself.” Several powers were given to the central government while others were given to the states. Both the states and the central government had to share powers so that it would be fair and balanced.

Checks and balances is a significant creation because it let the legislative branch prevent the President from taking all the power. The legislative branch makes and proposes laws, and even though the president can still veto the bill, the legislative branch can still make the bill a law with a two-thirds majority vote. Checks and balances make sure the president can’t just deny everything because the bill doesn’t fit their needs. The separation of powers is also a very beneficial move for the citizens. It still protects against tyranny by not letting any one person control office alone. With the separation of powers they still did not have a situation similar to King George’s tyrannical reign. The separation of powers actually means the separation of the branches, or putting each branch into a separate body of government. This is a great move because it yet again takes all the power from one person and splits it into the branches, which is also protecting us from tyranny. The US Constitution is protecting against tyranny by separation of powers and checks and

The Constitution was written in Philadelphia and the Bill of Right was drafted in New York City. The Constitution and the Bill of Rights uses separation of powers and checks and balances to limit the powers of the federal government. Division of authority and the powers were put into three branches of government, to prevent one from becoming too powerful. The Constitution states this in three of its articles.Article One talks about what the legislative branch can do, it describes the organization of congress. In addition only the congress has the power to declare war and coin money. Article two: the Executive branch which can establish the office of the president and who can make treaties. Article three: which is the Judicial branches says

All legislative power is vested in Congress. The main task of this branch is to make laws while its jobs include passing laws and originating spending which is done by The House and impeaching officials and approving treaties which is done by The Senate. The Judicial Branch of government is The Supreme Court and all the federal courts. The job of this branch of government is to explain laws under the constitution they also decide if the laws are constitutional. The judges of supreme court are appointed by the President. There are 9 justices and they are appointed for life. The highest justice is the Chief

The president also has the power of assigning the federal judges, and when to call Congress into session. Likewise, the president has the power to either sign or veto a piece of legislation from Congress.

This branch of government includes the president, vice-president, and cabinet members. Currently, the president is Barack Obama, the vice president is Joe Biden, and there are fifteen departments included in the cabinet. The legislative branch is the branch that makes laws. The legislative branch consists of congress, which in turn consists of the House of Representatives and the Senate. Congress has the power to oversee the president to make sure he or she is not over using their power and taking advantage of it. In addition, they can deny or approve appointments made by the president and override vetoes by the president with a two thirds vote from the members of the branch. Congress has the ability to impeach both the president and judges but that is a last resort tactic. Only two presidents have actually been impeached and in the end, they were both acquitted. Finally, the judicial branch is in control of the court system. District, state, and federal are the types of courts within the court system. The courts in the judicial branch can interpret the laws passed by congress and actions by the executive. The court may implement judicial restraint or activism in the way they operate. Judicial restraint is the idea that the judges should not make the laws and leave it up to the president and congress. Judicial activism explains that the interpretation of the laws should be left up to the judges

The concept of the separation of powers introduced in the American Constitution has been consistently praised throughout early academia as a check on the corruption and tyranny of the federal government. By distinguishing between state and national powers, policies are tailored to fit individual needs, and the personaliz+ed laws of each district collectively appeal to public interests. This statement, however, ignores the historical motives behind the separation of powers. In Slavery in the Structure of American Politics, Donald Robinson unveils the hidden background of American government that lies behind the nationalistic facade cultivated through education at the primary and secondary level. Compared to Hannah Arendt’s positive stance on the separation of powers in On Revolution, Robinson presents a more realistic analysis of the issue through the lenses of slavery and private interest.

Our Founding Fathers were no strangers to the long standing care of a government. Throughout history it has been proven over and over that when any one person is allowed to obtain and stockpile power that he/she becomes the greatest threat to liberty. It is no wonder that the most famous and treasured part of the Constitution, the separation of powers, was molded over hundreds of years.

The Supreme Court’s most crucial power is the aforementioned power of judicial review. In fact, what probably empowers the government the most are the powers that are not specifically mentioned but that can be implied. In some articles the Con- stitution is intentionally formulated in a rather broad manner, which allows the government to in- terpret the text to its advantage. Congress, for instance, can modify the court system without having to amend the Constitution. All in all, the legislative branch seems to hold the most power; however,it is not only kept in check by the other branches but within the branch itself, which makes it more difficult for Congress to exercise its powers. Hereby, the framers intention of an empowered but still limited government was insured.