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Characteristics of federalism
United States and the separation of powers
Characteristics of federalism
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Aristotle’s theory of mixed constitutions played a big role in influencing the new American mixed constitution and the concept of separation of powers. In this theory, Aristotle asserted that all types of government could work effectively if the leaders of these types of government pursue justice and public good over their self-interest. With this idea, the Founders established a brand new system of government by combining three types of government: the monarchy (the President), the aristocracy (the Supreme Court), and the democracy (Congress) into one. The concept of separation of powers was also born with this idea. This system consisted of three branches: the legislative branch (makes law), the executive branch (enforces law), and the judicial
branch (interprets law). Each branch of government served a different purpose and had different functions, but their functions also overlapped each other to prevent one of them from having too much power. Madison stated that “if men were angels, no government would be necessary. If angels were to govern men, neither external or internal controls on government would be necessary” (Federalist Paper No. 51). Here, he expressed his concern about human nature and also presented Thomas Hobbes’s belief in which he stated that human beings are naturally selfish creatures whose behaviors are driven by lust for power. Therefore, it was necessary to keep these branches of government in order through the checks and balances system, in which each branch of government has different and specific assigned power that can limit or control the power of another branch of government. The Founders also created a federalist system of government. Unlike the unitary system of government, which gives all the power to the central government, or the confederate form of government, which gives smaller states more power than the central government, the federalist system of government divided power between the national government and the original 13 states to prevent the national government from dominating over the state governments.
In these documents there are elements that are the same and as well there are some parts that will be complete opposites of one another. For that purpose it should be pointed out why and what makes these aspects of the said documents which will help us understand the times they were written in. The first of the documents to go over will be the Athenian constitution as it has numerous references to who holds office and why, for an example in part five section 43 it states how someone can hold office and who can at that, along with how and who votes them into office; “All the magistrates that are concerned with the ordinary routine of administration are elected by lot, except the Military Treasurer, the Commissioners of the Theoric fund, and the Superintendent of
To start out with, the constitution divided power so no one branch or person had complete power over the nation or others. In document B it states, ¨Liberty requires that the three departments of power are distinct and separate.¨ This means that in order to prevent and guard against tyranny we must have different and separate branches holding power if there is only one or they are too similar that could create a small group with close to complete power creating a tyranny. Power must be separated into three branches so that they may check and limit each other so that no laws are passed that will harm the nation and are unconstitutional. The three branches are very separate but can
The separation of powers keeps any one branch from gaining too much power by creating 3 separate, distinct branches power can be shared equally among. According to Madison, “Liberty requires that the three great departments of power should be separate and distinct.”(Document B) In other words, to avoid tyranny and achieve liberty, the three branches of government (executive, legislative, and judicial) must be separate and diverse. The purpose of a separation of powers is to divide the powers of the government so there is not only one central source of power. The three branches must be as distinct as possible to avoid falling into the hands of one individual leader. There are also checks and balances between these three branches. Checks and balances are a system of each branch monitoring an...
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
Athens of ancient Greece had perhaps the most advanced system of government of the ancient world. The system of Athens was called a Democracy. That is, every citizen voted on everything. People have claimed that the United States is also a Democracy. This is not true. The government of the United States is a Constitutional Republic (Every). United States citizens vote for representatives, who then vote on the laws. They themselves are limited by a constitution. Democracy is a flawed government system. The Constitutional Republic is also flawed, however, it is better at safeguarding individual rights, when applied correctly. Therefore, a Constitutional Republic is a better system than a Democracy.
"This inquiry will naturally divide itself into three branches- the objects to be provided for by a federal government, the quantity of power necessary to the accomplishment of those objects, the persons whom that power ought to operate," writes Alexander Hamilton in the Federalist #23 in reference to the separation of powers. The basic concept here is the idea of the federal government being divided into three separate branches that would balance excessive democracy through a system of checks on each other. The three branches, respectively known as the legislature (Article I), the executive (Article II), and the judiciary (Article III), were designed to entice the opponents of the Co...
Evolution of Democracy and the Athenian Constitution. Democracy is defined in modern times as government by the people. To put that in perspective and better understand all that democracy. entails we must consider its origins.
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
The founding fathers of the American Constitution divided the government up into the following three branches to prevent the majority from ruling with an iron fist; legislative, judicial, and executive. The three braches were created by the Constitution: Article 1, Legislative branch made up of the House and the Senate, collectively known as Congress; Article 2, Executive branch, or President; Article 3, Judicial branch, made up of the federal courts and the Supreme Court. This was done in efforts to distribute power amongst the three so that one would not have more power than the other. Each branch has the ability to check the power of the other branches. This power check of the other branches is referred to as the checks and balances, better known as the Separation of Powers. This was to prevent tyriny.
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they succeeded. In order to guard against what one of the Founding Fathers called an "excess of democracy," the Constitution was built with many ways to limit the government's power. Among these methods were separating the three branches, splitting the legislature so laws are carefully considered, and requiring members of Congress to meet certain criteria to qualify for office. The Founders did leave a few problems along with their system.
The system of government we have today was starting to developed centuries ago by the Athenians and Romans. Both governments were established with the intent to give power to the people, even though it did not always play out that way in society. The Athenian democracy and the Roman republic were two very different governments in practice, but also maintained similar characteristics in both systems of government.
Even the antifederalists recognized that “…a government without the power to raise money is one only in name.” (Brutus, No.5) A political group emerged in favor of a new constitution and wrote of their ideas in the federalist papers. The new constitution would strengthen the central government but allow for its power to be checked while protecting the rights of the people. These papers were written by James Madison, John Jay, and Alexander Hamilton and published in the late 1780’s at the same time as the anti-federalist papers published by a somewhat unknown “Brutus.” The federalists supported ratifying the new constitution while the antifederalists were mostly concerned with protecting the rights of the people and preventing the government from abusing power. A protection from abuse of power, established in the Constitution, is “the separation of power” which Madison writes about in Federalist Paper No. 51. Since the powers of the central government are separated into 3 branches, the executive, legislative, and judicial, no one branch can become too powerful without being checked by another. This protection is called “checks and balances.” In addition, the Bill of Rights was added to the Constitution to protect the rights of the people, prevent governmental abuse, and to satisfy the antifederalists. Once both groups agreed, The Constitution was signed in
The structure of the American Constitution and our tripartite system is identical to Aristotle's politics when it talks about laws, customs, rights, and powers. Aristotle says that a constitution is “the way of life of a citizen-body." This means that a constitution should be what the people want in order to make it more productive in the future. A constitution should make the citizens feel like they are apart of the decision making of how our country is to be governed. Aristotle left an impact on the writers of the American Constitution and because of this, James Madison, Thomas Jefferson, Thomas Paine, and John Adams, and George Washington (the writers of the constitution) all agreed that the Constitution should have some reference to Aristotle’s
For Aristotle the human is "by nature" destined to live in a political association. Yet not all who live in the political association are citizens, and not all citizens are given equal share in the power of association. The idea of Polity is that all citizens should take short turns at ruling (VII, 1332 b17-27). It is an inclusive form of government: everyone has a share of political power. Aristotle argues that citizen are those who are able to participate in the deliberative and judicial areas of government (III, 1279a32-34). However, not all who live in a political association are citizens. Women, children, slaves, and alien residents are not citizens. Some groups; the rich, the poor, those who come from noble families and the virtuous, can claim power in the state.