The Constitution and the Separation of Powers

The legislative branch, Congress, has the power to make laws valid for the whole country. Powers like the regulation of taxes, regulation of commerce between the states and with foreign countries, the power to declare war, and the power to impeach the President are some of the issues the legislative branch has to deal with. Congress has two chambers (or "houses"): the Senate and the House of Representatives ("the house").

The legislative branch is the most powerful branch in government. The legislative branch is in charge of making and passing laws. They have the power to override a president’s decision, stop laws from being passed, and basically control all decisions the governments makes. The legislative branch, also called the congress, consists of the House of Representatives and the senate. The reason for two houses of congress is to balance out the concerns of smaller but more populated states against states that are larger but with less population (www.Usgovinfo.com).

Liberty requires that the three great departments of power should be separate and distinct.” This means that not one branch would have the same duties as another. The legislative branch would focus on the Congress, consisting of a Senate and House of Representatives, the executive branch would focus on the President, and the judicial branch would focus on the Supreme Court. (Document B). Not one branch could become more powerful than the other, and each branch helped to complete vital tasks needed to have a successful government.

The Constitution provided many ways to prevent tyranny such as popular sovereignty, federalism, etc., but this paper focuses on the two most important; checks and balances and separation of powers. Separation of Powers was a brilliant idea, because it gave each branch of the government certain powers that the other branches didn’t have (Document D), and the other branches couldn’t take that power away from each other.

Framers of the constitution feared tyranny within the government. To avoid this, checks and balances were put into place. These checks and balances of power ensured that the branches of government did not violate their respective power and that no forms of legislation should go into effect without being checked by all branches. A Just government should have this system because it provides an equal field on which the legislative, executive, and judicial branch can propose, pass, or deny bills. If we as a people are going to give someone else power,then there should be a system in which those people are checked and kept in line, so that our country remains free. Separation of power was also put into place as a way to keep all the branches equal. Each branch was given a

The first way the Constitution guarded against tyranny was the separation One of guard against tyranny is the Constitution. The Constitution was a document written in 1787 in Philadelphia by 55 men, mainly Benjamin Franklin, George Washington, and John Adams. It was very much needed in the United States since they had their last tyrant experience with King George III and wanted to prevent it from happening again. Tyranny or a Tyrant is when someone with lots of power abuses it or takes over because they have too much. Therefore the 55 men knew that there had to be equal powers so, thats why today we have 3 of powers.

The framers of The Constitution used the principle of separation of powers from the works of Baron de Montesquieu to separate the government into three branches. These said branches would have power over their own functions, but the branches would also have the power to keep each other from getting to powerful through the system of checks and balances. For example, the legislative branch has the power to enact laws, and appropriate the funds necessary to run the government. While these powers are reserved to the legislative branch the executive branch and the judicial branch both have

Separation of powers makes sure each power is divided into separate branches to make sure no other branch has more control over the other. Early on, with no objection, it was decided to frame a new constitution featuring a separation of powers. Separation of powers allows the powers to be divided equally and it helps the branches powers remain

The founders of the Constitution had to make a document that would give powers to the people yet also protect against one or more person getting too powerful. This is called tyranny, or a government with absolute power. They protected against it by creating Federalism, Separation of powers, Checks and balances, and Bicameral legislative. This allowed us to have a constitution that guards against suppressive tyrants. One of the guards against tyranny is Federalism.

There are both similarities and differences, when referring to checks and balances and separation of powers. Both have to do with the Government. But separation of powers is a model of government in which different parts of the government are in charge of different tasks; in the United States, these parts are known as the Legislative, Executive, and Judicial. Checks and balances is a means of trying to ensure that these three parts of government stay equal, and that one does not try to take over another.

The separation of powers and checks and balances is a system that was created in America by the founding fathers in the constitution of the United States. The separation of power plays an important role of keeping the three branches which are legislative, executive, and judicial in the government systems equal to one another and that neither branches becomes too powerful. Each branch has its very own power and duties to serve to the people and government. All three branches play a significant role in checks and balances and separation of powers, in our government and rely on each other to make sure that all of the power is equally distributed.

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

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.

Moreover, section 72, outlines what the judges can and cannot do. The doctrine of the separation of power is important because it provides a vital system of checks and balances. Firstly, it ensures that the different branches control each other, this is intended to make them accountable to each other, these are known as the checks. Secondly, the division of power between the different branches of government is known as the balances. Balance aims to ensure that no individual or group in government is all-powerful, power is shared and not concentrated in one branch.

When the Constitution was written, the ultimate goal of the Founding Fathers was to prevent tyranny and oppressive government. In order to achieve this remarkable goal, the Founders made the decision to adopt the concept of Separation of Powers. In the Constitution, Separation of Powers is essentially the distribution of power among the three government branches: the legislative, the executive, and the judicial. Despite how is has changed and grown, the concept of Separation of Powers continues to be just as important as it was when the Founders wrote the Constitution because of its raised relevance due to current issues.