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Separation of powers explanation essay
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Tyranny is a monster, it has the power to make a country crumble and the people’s rights inside the country to be violated. The reason why this has not been seen in American since 1787 is because of our founding fathers wrote a new Constitution which placed strong safeguards against tyranny. This Constitution guarded against tyranny by establishing separations of power, a system of checks and balances, federalism, and the protection of big states and small states in government. The reason that this new Constitution was created is the Articles of Confederation was too weak. The states had more power over the National Government, which led to problems when the National Government went to collect tax money to pay off the war debt. Another problem with the Articles of Confederation was each state could use any currency they wanted. There was no main currency throughout the states which led to problems when people needed to buy things.
The first safeguard is establishing a separation of powers, which is dividing the central government into three branches. In Document B it is said that for there to be Liberty the branches of government should be separate and equal. This works because the power could not fall into the
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hands of one branch because of the different job each branch is responsible for. The job of the Legislative Branch is to make laws and puts its power in Congress. (Doc B) The job of the Executive Branch is to enforce laws and the power is put into the President of the United States. (Doc B) The job of the Judiciary Branch is to interpret what the laws mean and puts its power in the Supreme Court. (Doc B) Without this separation in government one branch could easily rise over the others and cause tyranny in a country. The second safeguard the framers included in our Constitution was establishing a system of checks and balances. Checks and balances are important in a successful government because the branches have equal power and block each other from obtaining too much. The aim of checks and balances is to arrange the branches in a way so they could check on each other. (Doc C) The diagram shows that if the President tries to obtain too much power then they be impeached by the Legislative Branch.(Doc C) If one of the branches of the government are trying to obtain too much power then they can be blocked by the checks that each branch has over the other. If this system was not implemented in government then one branch could rise to power and the other branches would have no way to stop this from happening. The third safeguard that was established by our framers is Big States vs Small States.
This safeguard protects big populations from becoming too powerful over smaller populations and vice versa. They way this is achieved is by having the States represented in the House by their population. (Doc D) The way that this is equaled out is every state gets two representatives in the Senate. (Doc D) Both the House and The Senate have to agree on a law for it to pass so there for the factor of how many representatives a state has is factored out a tyranny is once again prevented from happening. This once again safeguards against tyranny because the power is equaled out among The States now allowing one population to have more say in government than a smaller
one. The final safeguard that was established by our framers was the idea of Federalism. Federalism is a compound government, which has a local, a state, and then one big central government. With this the central government and the states have their own powers and they also share some. (Doc A) A power that both the central and state government have is the ability to collect taxes. (Doc A) This was one of the major problems of the Articles of Confederation, but now the central government has more power over the states. Allowing the central government to go and collect taxes from the states. The main difference between the central government’s power and the state’s power is the state’s powers are more specific and focused towards the people inside the states. The way that this safeguard protects is by not allowing the central government to obtain too much power and overpower the states. The new Constitution created by our founding fathers was meant to do, protect America from tyranny. So far their methods have worked which were separation of powers, checks and balances, protection of big and small states, and federalism. It was said by James Madison that, “Liberty requires that the three great departments of power should be separate and distinct. “. (Doc B) James Madison was correct when he said this, because for a democracy to be successful if must have the power separate and not with one group or person. These methods have kept tyranny out of the United States since 1787 and will for many more years.
One way that the constitution can guard against tyranny is with Federalism. Federalism is the distribution of powers between the state and the federal government. This prevents both the state and the federal government from having too much power. For example, in Doc A, it says that only states can set up schools, but only the federal government can set up post offices. This makes it
So they made the Constitution. The constitution protects America by, Federalism, Separation of Powers and checks and balances. Federalism helps protect America from tyranny. It lets the states and the government both have power. Doc A. -.
For weeks convention delegates have been argued over representation in congress, Large States want it based on population. Small states want each states to have the same number of votes. representative s shall be apportioned according to population. The number of shall not exceed one for every thirty thousand, but each state shall have at least one representatives. This piece of evidence relates to the argument because they said that big states has more power than small states that is why big states only need one representative.
You little tyrant king george off with your head.Since the Americans had a bad experience with one person having too much power they made a constitution that guarded against tyranny by, dividing power, making the branches able to check or limit each other, and dividing power between big and little states.
Senate... senate shall be composed of two senators from each state”, Stated document D. This clearly explains that Representation in Congress should be based on population in the House of Representatives and equality in the Senate by sending two senators from each state no matter the size of the state.*The Great Compromise guard against tyranny by Hensing a double security by having two systems within the
was created to make sure the sovereign power of the states was protected. The state
In an effort to limit the power of the national government, Congress created one without enough power to govern effectively, which led to serious national and international problems. One of the main weaknesses under the Articles of Confederation was its incapability to regulate trade and levy taxes. The states controlled all of their “cash flows.” Sometimes, the states were in debt because of tariff wars that they would engage in with one another.
In addition, the Great Compromise guarded against tyranny by making sure the larger states would not have more power than the smaller states. The Great Compromise was an agreement to create a two-house legislature composed of a House of Representatives and a Senate. A state’s amount of representatives in the House would be based off of population, while the representation for each state in the Senate is equal.(Document D) Thus, the larger states, such as New York, would not overpower the smaller states, such as Rhode Island.
The year of 1776 was a time of revolution, independence, and patriotism. American colonists had severed their umbilical cord to the Mother Country and declared themselves “Free and Independent States”.1 The chains of monarchy had been thrown off and a new government was formed. Shying away from a totalitarian government, the Second Continental Congress drafted a document called the Articles of Confederation which established a loose union of the states. It was an attempt at self-government that ended in failure. The Articles of Confederation had many defects which included a weak central government that lacked the power to tax, regulate trade, required equal representation and a unanimous vote to amend the Articles, and had only a legislative branch. As a result the United States lacked respect from foreign countries. These flaws were so severe that a new government had to be drafted and as a result the Constitution was born. This document remedied the weak points of the federal government and created one that was strong and fair, yet still governed by the people.
The Articles of Confederation was the United States first attempt at creating a democratic government. Instead of giving power to the central government they divided it up among the states (Kelly). This fact left the Articles with many weaknesses that ultimately led it to fail. The lack of a strong central government led to economic disorganization, no central leadership and an ineffective legislative, all which led to its downfall (Brackemyre). Leaving power to the states left the nation in a state of economic disorganization. Without the national government having the power to levy taxes, it was left with the states (Murphy). The legislature only had the right to request taxes, and it was left up to the states how they wanted to raise them, but they oftentimes weren't (Brackemyre). There was also no uniform system of currency which made trade between states difficult. The fact that states instead of Congress regulated trade led to a lack...
James Madison writes in Federalist No. 51, “[i]n framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” He goes on to explain his concept of “compound republic” in which two distinct governments (national and state) are further subdivided into separate departments. In each of the two distinct governments, the legislative, executive and judicial branches (departments) work like a scale to balance each other and prevent one from gaining too much power or influence. This is the “double security” for the “rights of the people.” (Federalist No.10 & 51).
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 Articles of Confederation had a lot of problems that made them fail. One reason is the federal government had no power at all to tax. They had no court systems in the judicial branch. Congress had to establish temporary courts to hear cases of piracy. The voting system was messed up. Nine out of the thirteen states had to vote yes to pass a law and each state only had one vote even if they had a really populated area. They didn’t have any power to enforce the laws only the states had the power to enforce which still wasn’t enough. The Articles of Confederation had strong state governments even though they weren't really together they were like separate countries instead of states.
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 principle of federalism was established by the Constitution to protect the country from tyranny as well. In this case, it is said that the national government cannot over power the fifty states. In the fifty states, each state consists of two democratic representatives.