Separation of Powers
As part of the foundations of America, the Founding Fathers agreed to the Separation of Powers. Under the pen name "Publius", James Madison, Alexander Hamilton and John Jay uncovered the philosophical and ideological themes in the 'Federalists . It is stated within the articles of the Constitution that legislative, executive and judicial powers will be divided between three factions to maintain equality, maximise freedom and prevent a tyrannical dictatorship.
The three factions consisted of the Supreme Court, Congress and the President. All legislative powers were to be controlled by the Congress, the executive power in the President - who would be elected every four years and the judicals powers of the United States in the Supreme Court. Each branch had limited powers that would be reviewed by another branch.
An example of the branches individual powers are as such; Congress can pass laws however, the President can veto it, whereas the President can appoint judges and departmental secretaries but these must be approved by the Senate. As well as this, the Supreme Court can rule a law to be unconstitutional, but the Congress, with the States, can amend the Constitution.
The creation of separation of powers were so that one party did not increase power or pass laws for the benefit of oneself. However, many people opposed the Separation of Powers as some viewed the Government "not a machine, but a living thing." - Woodrow Wilson. Wilson states that a constructive government would be better for America, one that would develop as America matured.
Sources:
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/separationofpowers.htm
http://www.heritage.org/research/reports/2007/12/what-separation-of-powers-means-for-constitutional-government#_ftn15
No comments:
Post a Comment