The Separation Of Powers During The American System Of Government

Separation of Powers was the greatest idea the founding fathers could have for the constitution and the national government. The separation of powers idea is one that says no single branch of the government should have supreme power. This insures that the president doesn’t become a dictator/tyrant, that the supreme court can’t judge however they want, and that congress cannot make whatever laws they want. Experts say based on their experience, the framers of colonial America shied away from giving any branch of the new government too much power. This of course references the revolt against Britain and the tyrannical king george.

What are the two ways to control factions? A: The ways to control a faction is that if a faction is less than a majority, then rely on majority rule to control it. The second is that if a faction has a majority, then rely on the type of political system to control it.

The structure of our American Government was founded in the Constitution of the United States. The Constitution was written to be the “supreme law of the land,” and produces a democratic republic, where citizens govern themselves (Our American Government, n.d). The purpose of our government, is to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and our posterity” (Our American Government, n.d.). For our country to accomplish this purpose our Founding Fathers created three principles, “inherent rights, self-government, and separation of powers” (Our American Government, n.d.). The government was developed to ensure order in society and protect its citizens, but with all systems, there is strengths and weakness, let’s examine those strengths and weakness. Let’s first look at the strength and weakness of the U.S. Constitution.

Federalism guarded against tyranny by dividing government into a central government and a state government. Federalism also prevented the abuse of power by allowing these two distinct governments to also share powers. Therefore, there is no single ruler or group with absolute power. The separation of powers guarded against tyranny by dividing the powers of government into three distinct branches. The separation of powers made it so that no individual or group has all the powers of government. The system of checks and balances prevented tyranny by keeping the three departments in order and under control. This system of checking and balancing creates a way for the other branches to check on each other. This system also guarantees that one of the branches will not become overpowered. The Great Compromise declared that each state in the House of Representative will have proportional and equal senate representation. This way all states have equal power. In conclusion, the constitution guards against tyranny by separating government into two distinct governments, and by separating the powers of government into three distinct departments, by creating a way for the branches to check each other, and by having equal and proportional representation

In the 19th century American’s were overjoyed when they gain their independence from Great Britain in 1776 and soon established a government under The Articles of Confederation. However, The Articles of Confederation were unstable and provided America with a weak central government, because of the lack authority needed to sustain a nation. Yet, many Americans opposed the idea of having a strong central government, because they feared America would shift into a dictatorship. While others felt that a strong government would sufficiently help the nation run as one. “The constitution of 1787 created a “federal’ system of dispersed and divided authority- authority divided between national and state governments, authority divided among executive,

One way in which a republic deals with factions is the delegation of government to elected officials. The object of the elected officials is “to refine and enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country (Publius,76).” This in effect will put the power of our country into the hands of qualified individuals. These individuals will be able to hear the voice of the people and decide what is the right decision for the country.

The American government is a government that the three branches limit the power of each other equally, so one branch does not get too much power through the system of Checks and Balances. In 1775, the American Revolutionary War broke out. The results showed that America was finally an independent country. With some ideas from the British history, such as philosopher John Locke, the Founding Fathers established our first government. However, the Framers had a complex time figuring out how to balance and separate powers between the three branches. As a result, the Founding Fathers instituted the Checks and Balances. The Checks and Balances works well with our government because it manages to keep all three branches’ power equal.

Many philosophers believed that a government was supposed to protect the rights of the people. John Locke theorized that the government’s power is based on the people's consent and that a social contract is the base of a good government. “...in exchange for our rights, people give the government the power to make and enforce laws.” (John Locke, Source 3) After studying human nature, Baron de Montesquieu stated that if one person or group was given too much power, then it would lead to tyranny. Montesquieu also said that the best way to protect human rights was to divide the government into the separation of powers. There would be three branches of government, Legislative, Judicial, and Executive. Each branch would be able to be limited in power by the other two. Each branch would have one of the three parts of a government, Judging, Creating, or Enforcing the rules. “..all legislative powers herein granted should be vested in a congress of the United States...the executive power shall be vested in a President of the United States...the judicial power of the United States shall be vested in one supreme Court…” (Document

The constitution was established by men who had experienced the dictatorships of Europe and had escaped from its grasp. They sought to establish a form of government that would never allow a dictatorship or tyrant ruler to hold power over the people like in the places they had fled. With their creation of the foundation of what our government is today they created a system where 3 branches were all of equal power and each could be overruled by another which prevented any branch becoming superior of another. The separation of powers provides a system of shared power called Checks and Balances.(2) The three branches are legislative, judicial and executive and they each have specific powers to

In Federalist No. 10, James Madison wrote that, "Complaints are everywhere heard from our most considerate and virtuous citizens,[...]." Madison as well as the other founding fathers were aware of the dangers inherent to direct democracy. For example, one of the main issues of direct democracy is majority rule going to mob rule. A solution to this is the more factions the better. A backwards idea in theory, but it truly works when you have more diversity in a representative democracy. Madison is basically telling us bigger is better and size and variety will decrease the problems when the majoriy rules on certain issues. Using this method, a groups views is less likely to take over. A solution already in place is the bill of rights, the bill

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.

The separation of power throughout the united states government prevents one part of the government from becoming so strong that it can infringe on the freedom of the governed (Bernstein 24). The united states government is a representative republic. A representative republic is a type of democracy where the people elect representatives to vote for them in the nations matters, rather than having every person vote on every single election and issue. The U.S. government is separated into three main branches, the executive, the legislative, and the judicial. Each branch has its own powers and weaknesses and they must all work together to govern the country (Bernstein 24).

Why is it so difficult to accomplish anything in American government? The answer lies within three features of American government: the Hyperpluralist theory, separation of powers with checks and balances, and divided government. All these aspects of government result in gridlock, “a condition that occurs when interests conflict and no coalition is strong enough to form a majority and establish policy, so nothing gets done” (19).

Governments perform three functions namely executive, judicial and legislative functions. The role of separation of powers involves the diffusion rather than concentration of powers within the state. Thus, these branches should be separate, unique and equal. The underlying principle of the separation of powers is that individuals have the potential to harm others, and this can become a reality when power is concentrated in one person, faction, or institution. However, if the branches were completely separate it would be unworkable since Parliament is