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The birthing of America brought with it one of the greatest challenges ever to be faced by its founders. Having come out from an environment of totalitarianism, authors of the Constitution and Bill of Rights had firsthand experience of the abuse of power. It was critical they ensure the new nation had provisions in place, which prevented a recurrence of totalitarian rule.
In order to avoid a potential repeat of history, authors of the Constitution established three separate branches of government. By structuring the government in this fashion, the power to rule and govern would be distributed equally through a “separation of powers” arrangement. This structure prevents any single entity from ruling on its own without any checks or balances in place to protect the citizens.
In creating a government with separated powers, three branches were established: the Executive Branch, which includes the office of the President; the Legislative Branch (Congress), consisting of the Senate and House of Representatives; and the Judicial Branch, consisting of the Supreme Court as well as other lower level judicials. Establishing these various branches not only separated powers, but also gave opportunity for differing ideologies to participate in the overall governing of the nation.
Although the original intent of James Madison, a primary author of the Constitution, was specifically directed at separating the powers of the three branches of government through an amendment to the Bill of Rights, his proposal was rejected. It was felt by other members of Congress that the separation question was already implied within the wording of the Constitution. As a result, there are no specific provisions within it to dictate a clearly defined separation of p...
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... not weaken a nation. If anything, separation strengthens it by ensuring the vestibule of power rests within the citizenry. Separation of powers as designed within the U.S. Constitution, both limit the power of any single branch and provide protection against encroachment by other branches. In Separation of Powers we read: “Clearly, our system of separated powers is not designed to maximize efficiency; it is designed to maximize freedom.” (law2.umkc.edu) Rest assured, the separation of power provisions contained within the Constitution safeguards survival of the nation.
Works Cited
Legal Information Institute. (Law.cornell.edu). http://www.law.cornell.edu/anncon/html/art1frag1_user.html (accessed on November 30, 2013)
“Separation of Powers.”(law2.umkc.edu) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/separationofpowers.htm (accessed on November 29, 2013)
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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.
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
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