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Usa separation of powers
Usa separation of powers
The american political system checks and balances
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Aristotle once said, “ Every man should be responsible to others, nor should any one be allowed to do just as he pleases; for where absolute freedom is allowed, there is nothing to restrain the evil which is inherent in every man. ” In May of 1787, 55 individuals drifted into Philadelphia in response to a call for a Constitutional Convention. The dilemma facing the group of men was the existing constitution, The Articles of the Constitution it wasn’t working, the constitution wasn’t strong enough to hold a nation. Together they theorized a way to separate the powers so no one has more power than the rest. This was America’s guard against tyranny it was the new constitution. The constitution guards against tyranny by utilizing big states vs. small states, separation of powers, and checks and balances. …show more content…
To start with, Big states vs.
small states least support the wall of tyranny in the United States. (In Document D) it states, “Representatives shall be apportioned according to population” This strategy is unfair because the bigger states tend to have bigger populations. For example, Rhode Island has a sq. area of 1,212 sq. miles with a population of 1.06 million. New York has a sq. area of 54,556 sq. miles. Rhode Island is one of the smaller states and it has 1 representative while New York one of the bigger states has 6 representatives. This means most of the representative power goes to the larger states, proving that the Big Vs Small states don’t guard against tyranny. Furthermore, Separation of powers support the guard against tyranny but it is no foundation against tyranny. (In Document B) it states, “ Liberty requires that three great departments of power should be separate and distinct ” The strategy is strong, but the strategy has some flaws. One department can decide one day not to follow the rules of the constitution. For example, the legislative branch can decide to make laws that can only suit their needs in the
government. Moreover, Checks and Balances is the most effective way of guarding against tyranny. (In Document C )“ the constant aim is to divide and arrange several offices” Aristotle once said, “ Every man should be responsible to others, nor should anyone be allowed to do just as he pleases; for where absolute freedom is allowed, there is nothing to restrain the evil which is inherent in every man. ” This means the everyone should be responsible for guiding others. This is were the checks and balances comes to play. The checks and balances is the most effective way of guarding against tyranny because the department makes sure that everyone is following the rules of their job, and the departments makes sure everyone is doing their assigned job. This is important because if the government doesn't do their job the government would fall apart. All things considered, The separation of powers separates the powers between branches so no one get too much power its effective but, the checks and balances is the most effective way of guarding against tyranny because the department makes sure that everyone is following the rules of their job, and the departments makes sure everyone is doing their assigned job. The forms of guards against tyranny such as, Big states vs. Small states, separation of powers and check and balance frame the constitution. Although federalism is another method to protect against abuse of power it’s not as strong as the other three due to the fact that the Big states vs Small states try to equally separate the powers so each state can have some power in congress. The separation of powers separates the powers between branches so no one get too much power. Checks and balances makes sure that everyone is following the rules of their job, and the departments makes sure everyone is doing their assigned job. These all guard against tyranny better that Federalism. The issue is important because the people need to understand what the constitution did to make America a free country.
The separation of powers separates the central government into three branches. The three branches are the executive branch, the judicial branch, and the legislative branch. All of the different branches have power over specific things. This guards against tyranny because it doesn’t allow any of the branches to do whatever they want. In Doc B, it says that the great departments of power should be separate and distinct. This helps because if they all had the same power, they would have control over anything they wanted to.
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
Separation of power prevents the power from falling all into the hands of one or a few and therefore having tyranny. (Madison FP # 47) It prevents this by having the U.S Government split into three branches, Legislative Branch (Congress), Executive Branch (President), Judicial Branch (The Courts). The Con...
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
[Separation of powers is where the government divides power between 3 branches of government so no one branch becomes too power.] [ Document B was written by James Madison in His federalist paper 47.] According to James Madison in document B “Liberty requires that the three departments of power should be separate and distinct this means that each branch should have its own unique and separate jobs.” This quote clearly explains that each branch should have there own separate and distinct jobs so no one branch becomes too powerful.*This quote guard against tyranny because the quote is saying the branches will all have their own powers but can control all the others
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within its branches and in comparison to the public, and trepidation that the voice of the people would not be heard within the government.
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...
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.
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
The men who wrote the American constitution agreed with Thomas Hobbes that humans were naturally evil. Therefore, they agreed that in order to prevent a dictatorship or monarchy, the citizens should have influence in the government. The writers wanted a more ideal constitution, but they realized evil human motives would never change. One of the main goals of the constitution was to create a balanced government that would allow the citizens to prevent each other from being corrupt. The writers wanted to give citizens liberty, but they did not want to give people so much liberty that they would have an uncontrollable amount of power. The writers agreed that a citizen’s influence in government would be proportionate to that individual’s property.
In 1789, the Confederation of the United States, faced with the very real threat of dissolution, found a renewed future with the ratification of the Constitution of the United States. This document created a structure upon which the citizens could build a future free of the unwanted pitfalls and hazards of tyrannies, dictatorship, or monarchies, while securing the best possible prospects for a good life. However, before the establishment of the new United States government, there was a period of dissent over the need for a strong centralized government. Furthermore, there was some belief that the new constitution failed to provide adequate protection for small businessmen and farmers and even less clear protection for fundamental human rights.
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
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.
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.
The principle of separation of powers is laid out in Articles I, II, and III, in effort to avoid tyranny. It is a part of a system called check and balances. The check and balances play the roles of the three branches of government. This system was made so that no one branch will over power the other. The three branches come together and help one another by being independent of the other. The legislative branch consists of the Congress, the judicial branch consists of the courts, and the executive branch consists of the president. For an example, when a bill is in progress and the chief executive (president or governor) does not approve of it, he can reject legislation and return it to the legislature with reasons for the rejection. This is a process called veto power.