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The need for the separation of powers
Separation of powers easy
The need for the separation of powers
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In today’s Society we face and see many political issues based upon the idea of limited government. We try to figure out ways to limit the state and national government powers because the more power they have the less freedom the people have. During this semester in my political science class, we learn how the state and national government powers can be limited through three political system. The separation of powers, checks and balances, and the federalism limits the power of the national government are the systems that gives the conception of limited government. These systems are which to bring more freedom to the people and less competency to the government’s control. To begin with, power cannot be given to one individual, but it has to …show more content…
be separated among many groups and people. Framers, the public and other groups like the federalist begin to avoid any new government to rule and gain more power and abusing it just for themselves. If there is too much power for the government, then the outcome will become a disaster and chaos towards the people who would want to have any rights. A French political named Baron de Montesqurieu postulate the belief of having a balance towards the government’s power. Meaning that the government needs to be divided among each other or else it will fall into one rule. Without any containment and control of the government’s power, then the nation will come a dictatorship rule which brings the reason why the national government is structure into three government bodies. With these three separate bodies, it can justly determine how limited the national government have in their possession. As we have seen, the reason why the national government needs to be separated is that it brings the reason how the national government is incorporated into three different branches of powers.
The three branches are known as the legislative, executive, and the judicial branch. The legislative branch was directly designed to pass federal laws and controls the federal apportionment towards the nation’s money and provision. Also the congress is the bicameral legislature which has the power to declare war, collect taxes and entrench the lower court system. As for the executive branch, where the president was given limited power, it establishes who will be the Supreme Court judge and the federal court. The president can negotiate treaties with other countries and prosecute laws. And lastly the judicial branch, which decides the judicature of laws, analyses the lower court decisions and fixed any problem between the federal and state laws. By these means, each of these branches tend to develop a relational and balance towards each other’s power. Their power can be made useless with each other branches in their agreement with each other and adoption whether their decision is made right or …show more content…
wrong. The check and balances is one of the systems that is most help to limit the national government’s power. The Reason why is that it creates a interactive, social and cooperating system that can affect their own power in making a choice. Without the checks and balances, no one would have control on their power because they would choose their own way in making laws, choosing the Supreme Court judge, and rejecting or approving the president’s decisions. All the interaction of all the three branches are influence with their judgement making on whether they can agree with each other’s actions. The system is set up as a like a triangle, meaning that each of the branches can be over powered by two branches, but they can be overthrown against the other branches. So all of the branches gets either an approval of disapproval on their actions of their power. With all this said, this system is to be shown as a stability or an equilibrium on their type of power to each of the branches. Therefore, the three branches create a relational system known as the checks and balances, are to influence and partake with each other. To start off, the legislative over the executive can impeach and reject the president’s treaties, giving the president less power. As for the executive over the legislature, they can veto the actions of the congress and influence the laws passed by the congress. To continue on, the legislative can determine the shape of the federal courts and the amount of judges in the Supreme Court. At the judicial against the legislative can simply establish laws but they cannot choose who determines the laws. And lastly, the relationship between the executive and the judicial is that the executive appoints the federal judges and the Supreme Court justices. With three branches they cannot take action unless they get approval from each other or decide whether they can agree a decision they make. It all becomes a impaction because on branch can dislike something and can create a blockade towards the other branch. This shows how the branches have limited powers because they do not have the total power of getting their own way; which all leads to a many agreements and disagreement of having to use their power to make political impressions. For federalism, the word liberty means to have a special kind of freedom internal and external. Division of powers is one of the main focus for federalism and how the state and national government takes its role on using their power. They create a unitary system where the central government makes vital pronouncements, and the levels of the government have a small independent power. Federalism does see that the national government’s power should be limited, but they consider them to have a wide power meaning a outwardly separate power. This brings how determine federalism wants to have a strong national government and wants to rely on their choices and decisions they make every single day. Granting the them this kind of privilege would define how much power should the they have and much can they use it towards the state and the people. In the final analysis, how federalism limits the power of the national government is determine on their express power, meaning that the Constitution have granted them and the president specific powers like lowering or rising taxes, decaling war, collecting taxes and legalize commerce.
In the same way, the congress are enabled to have implied powers, meaning they can make laws and can limit power from the other branches. The national government were given a certain amount of power which brings the necessary and proper clause, which was also granted to the congress. However the Constitution attempts to promote a certain kind of unity and the full and credit clause from the people. This brings a democracy towards the people’s rights and civil actions in their community and states which creates an influence to the government’s power. Limiting the power of the national government shows how people take the advantage of their own freedom and liberty to do what they want to do. In conclusion, the limitation of the national government brings out how democratic our country has grown. Without any of the different system in the national government, people will have less freedom and rights. The national government brings an impact role in every person’s life even if they do not feel an impact. However how the government plays its role can create a benefit or a disaster. With these systems, the separation of powers and the checks and balances, carry out the heart of democracy and liberty
for the people here in America.
In conclusion this is why tyranny and federalism, separation of power, checks and balances and big and small states all mean that they are important to know also the branches are a big part especially in the separation of
In order to secure the protection of the people’s rights of freedom from the imprisonment of tyranny, a compound government was formed. Central and State government came together to form the compound government, which in other words means federalism. It is one of the many elements that make up the protection of freedom from tyranny, “Hence a double security arises to the rights of the people.” (Madison FP # 51) The states combined covered our need of protection, protection of the countries by the Central government and protection of the people by the States government. Also by joining themselves together, “The different governments will control each other, at the same time that each will be controlled by itself.” (Madison FP # 51)
As James Madison said, “The different governments will each control each other, at the same time that each will be controlled by itself.” What James Madison is trying to say is that the central and state governments have enough power that they don’t control everything. The central government has enough power to help some of the country’s major needs, and the state government has enough power to help the state’s needs because the state’s needs may be more specific. From this, you may conclude, that dividing powers between the central and state governments prevents tyranny. The first guard against tyranny was Federalism, which means a system of government in which power is divided between a federal government and state government.
Limited government is a political system in which legalized force is restricted through delegates and enumerated powers . The constitution itself starts with “We the people…” the people who should and mostly do have the power. Limited government allows people to have the power over government by having elections, checks and balances in a system, and federalism. All entities that help the people stay in control of their nation, a nation founded on limiting government, from the Articles of Confederation to our modern day constitution.
There are three branches of government in the U.S. There is the judicial branch, the executive branch and the legislative branch. The powers of the branches are all divided by the constitution which is called the separation of
...ny of a branch by setting controls on each branch set by the other branches. Fairly equalizing representation in Congress protected the power of small states overall while preserving that of larger states. However, the framers may have mistakenly given the power to prevent tyranny to the government, not the people. The framers crafted a delicate system, but one that focused on creating strong inter-governmental relations. Since the first Constitution was drafted, power slowly began shifting to the national government. If the branches wished to control more, it would not matter if they controlled each other because they would all move together. The focus on creating a government as far away as possible from despotic in a group of white, mostly wealthy, and educated landowners may have prevented the creation of the sort of tyranny-free system the people wished for.
Within the Constitution, there are many features that are absolutely vital to the success of not only the longevity but success of the government it established. Certain features prevent one aspect of government becoming tyrannical in its power, and some establish the role of constituent states in policy making. While each of these is different, each with a similar role, each must be examined for the reasoning behind their addition to the Constitution. These specific additions are checks and balances, the separation of power, and Federalism.
For many centuries, the government has gradually increased its’ powers through several different ways. One main way is the elastic clause which is listed in the constitution. It grants the necessary amount of power to congress so they can pass laws that are necessary so they can carry out the listed powers in the Constitution. The state governments and the people of America are in controversy over how much power should be given to the national government. Many republicans feel that the federal government should be kept to a smaller size, and democrats often feel that the federal government should be bigger and have more control. Federalism has changed over the past couple of centuries due to the national government gaining more power from several
There was a need for a new or second constitution in the United States. The new constitution needed to give more power to the central government. The central government lacked the power to counteract the problems that the states encountered.The new government needs to be stronger but not too strong. This will be insured by the system of checks and balances.
Famous American poet James Russell Lowell once said, “Democracy gives every man the right to be his own oppressor” (“Quotations” 2011). And it should be just that. James Russell Lowell successfully defined democracy when it is in its truest form; a citizen’s beliefs should be equally represented and considered for. The representative democracy instated in the United States presents the need for three branches in the government; they include the executive, legislative, and judicial branch. The Congress embodies the lawmaking branch of the government, having “all legislative powers” as it is stated in Article I of the Constitution. To prevent one state from having too much power over other states, the Congress was separated into the House of Representatives and the Senate to have checks and balances over each other. Although they have several different functions in society, both legislative bodies play a very important role in representing both the citizens’ and government’s choices.
Before the Constitution was introduced, the federal government did not have any power over the states or the country. After Constitution was ratified, the power of the federal government has increased respectively to the power of the states. In the Constitution, there are several clauses and acts that helped expand the federal power over time.
Liberty and power were seen as adversarial terms when it came to republican government in the 1800’s. The American people of this period did not have a strict definition for liberty, but instead a group of values and ideas they associated with it. These values were freedom to improve yourself, morally and materially, freedom of religion, freedom from a privileged aristocracy, and freedom of expression. Personal liberty was allowed to prosper, as long as it stayed within state and federal constitutions and did not infringe on another man’s liberty. The biggest threat to liberty was power, often used by governments and private authorities to remove rights they did not have control over. The issue of promoting liberty while restricting power was maintainable when America was largely an agrarian society. The yeoman mentality, of a self-sufficient farmer, growing crops to sustain his family, and with any surplus he could sell or trade for what he could not make himself, was the ideal image of personal liberty. As commerce and industry began to create a new economy, the distance between liberty and power became more indiscernible.
Democracy has been the root of a limited government, the system of which government powers are distributed so that one group of leaders do not have too much influence. The limited government has been structured to keep peace amongst all parties that are involved in the government. And under the U.S. Constitution, citizens are given ultimate power by their right to choose their representatives through the democratic process of voting. Each levels of the government are limited as they have their own responsibilities. The city government has the most local level of government as the residents elect a city council and mayor to represent their interest at the city level. All city governments establish housing and health regulations, and are responsible
Each type of government holds different views as to the role the leaders and citizens should perform in their country .Different types of government include, oligarchy where the government is run by the best leaders, Tyranny, where they believe those in power should have complete control over its people. In the United States of America, we believe in democracy, rule by the majority. The main problem with our type of government is maintaining it. Our government and its citizens have lost sight of their roles and responsibilities, in government.
The United States Government is beloved to all Americans, in the simple fact that all men are created equal and all men are given equal opportunity, to aspire to achieve success and make their dreams come true. Although the percentage of people who achieve all of their goals in life is fairly small, they have the freedom to chase them and America for the most part is a pretty content place. The “law of the land” that sets the standards for our rights and privileges is the U.S. Constitution.