The United States Constitution provides for separation of powers and checks and balances by dividing the central government into three different branches, Legislative, Executive, and Judiciary. The purpose of separation of powers and checks and balances is to prevent one branch from becoming more powerful than the others. The Legislative branch is established in the 1st Article of the Constitution. The Executive branch is established in the 2nd Article of the Constitution; while the Judiciary is established in the 3rd Article of the Constitution. As the founders were creating the Constitution, they feared a central government too weak but also one that was too strong.
In the Separation of Powers people in Constitution preventing tyranny was cruel. Tyranny is cruel or oppressive to the people. We don’t need a war or king to control us with a military but two thousand men with guns. Millions people have to stopped tyranny from preventing wars, not limited government. Separation Powers is important to our founder fathers because philosophers names were Montesquieu made the separation powers to understand three branches that are called legislative, executive, and judicial.
They feared a strong central government, as active opponents of the English government and argued that giving too much power to the federal government could lead to tyranny. Alexander counters Jefferson’s argument stating that the “Elastic Clause” and Amendment X gave Congress the right to make laws that are “necessary and proper” to carry out other powers given to Congress. His argument was the bank could be constitutionally created to help Congress in the tasks that were constitutionally given, such as taxation. Alexander’s views were later accepted and his loose interpretations of “necessary and proper” are still the basis of how laws are passed by Congress
In Federalist 51, he focuses on how the Constitution divides the power of the government into three branches and so no one branch would have too much power. This was done by using the checks and balances system. Madison believes that each branch should be, for the most part, independent, but, to avoid any branches from abusing its power, no branch should have too much power in choosing the members of another. He says that to follow this rule strictly, the people of the United States would choose all members of all branches, but difficulties would arise as the people may not be aware of the best qualifications for each position. So, the branches check one another and the people elect the members other than in the judicial branch, whose members are chosen by the executive branch.
As such, they split the power between the state and central government, federalism, so that one government does not have more power than the other. Also, the three branches were made to spread power and to check each other so that one branch cannot rule the other. The Constitution also protects the chance of tyranny in congress, by determining the number of representatives in the House of Representatives by the state’s population and each state shall have 2 senators representing them in Senate. The constitution made laws guarding against one power having more than another, guarding against tyranny. Federalism splits power between the state and federal government, protecting each government to not gain more power than another.
Some of the conflicts in the construction of the constitution are the two different plans. The Virginia Plan, formulated by James Madison who advocated the Constitution, set out a three-branch government which composed of a “chamber legislature, a powerful executive, and a judiciary” which was to operate directly on people, not on the state (Roark 208). In this plan, the executive and judiciary could jointly veto the actions of Congress to prevent it from having too much power. An alternative plan was the New Jersey Plan that retained the confederation’s single-house congress with one vote per state. Other conflict that stemmed from the formation of the Constitution was the development of two different groups; the Federalists, those who supported the Constitution and the Antifederalists, those who did not support the Constitution.
The Federalist wanted a stable central government and an active executive branch, assuming it would maintain peace and order. The Federalist felt that central government should make all the rules and regulations for the whole country, instead of the states having individual power. The Federalists´ views are better described as those of nationalist. The Federalist wanted a stronger government but wanted to have freedom. The Anti-Federalist thought that the central government would abuse power and neglect the rights of the people.
Through the system of checks and balances it states “The Constitution grants Congress the sole power to declare war. But it also makes the president commander in chief of the armed forces.” (Glass). Because of this regulation of power the president is unable to make any rash decisions on his own without the approval of Congress which provides grand safety to the people. If the executive branch were to come to decisions without being monitored by the legislative and judicial branch the U.S. government would function as a dictatorship where no one has a say in
The Three Branches of Government Research Paper The Three Branches of Government were created in 1787 when the leaders of the States gathered to write the Constitution. They made a decision to separate into three separate branches in order to achieve a strong and fair government that would protect individual freedom and prevent the government from abusing its power. The leaders of the States believed that they could accomplish this separation with the Executive branch, legislative branch, and the Judicial branch. First, the executive branch contains the President, Vice President and the fifteen Cabinet level departments such as departments of Defense and Education. The President holds the highest authority in this branch.
This would help to form a framework from amassing too much power centered onto one single branch of government. One that powers would be split between an executive, and legislature, and judicial branch. This response would allow for the passing of the Constitution with the compromise of adding the Bill of Rights. The checks and balances system is discussed extensively in Federalist 51. Written by James Madison says “for
While with the Articles of Confederation, it was the states that held majority of the power and jurisdiction of the United States; these powers were being granted to the new National Government. The individual state governments would though maintain some of the authoritarian power that was granted in the Articles of Confederation. This was a major concern of our founding fathers, they did not want a national government that would become so powerful, that its’ citizenry would become its subjects such as that they revolted against, England. So of this fear was born the separation of powers between the different branches of the national government. Both houses of the legislature would have to agree on a cause for a law to be enacted, and once approved it would be sent to the newly created executive branch for that elected official to sign into law.
This is evident in document A, where it shows you a Venn diagram of which powers are given to the states and which powers are given to the federal government. For one thing, this shows how “a double security arises to the rights of the people”, which means that when the power is distributed between the states and the federal government, neither is able to gain absolute power over the country. Federalism also comes in handy by specifying what the states get to control and what the national government gets to control, which is meant to prevent conflict between the two powers. For example, the task of declaring war is meant for the national government only. If that wasn’t specified, there would likely be a lot of cases where states declared war, and the national government had to clean up the mess.
The Colonists were trying to avoid tyranny. Tyranny is when a person is given all the power to control a country of a government like a dictator. The Constitution could guard against tyranny by dividing powers between branches of government evenly, using Checks and Balances, and having an Equal Representation from all the states for the Legislative Branch. The first way that the Constitution guards against tyranny is by dividing the branches of government. The government is separated into separate branches so that they can
Under the Us Constitution the central government know has more power than it did under the Articles of Confederation to stabilize the United States. When the writers came up with the rules for a new government they wanted democracy to be a part of it. A republic was wanted by the colonists after the King imposed taxes and limited the settlement for people in North America. The US Constitution and the Articles of Confederation let the people have a say on how they could govern themselves instead of a monarch. Both documents limited the power that the central government had on the states and its people.
The executive branch is in charge of making laws official, the legislative branch makes the laws, while the judicial branch is in charge of the courts and making sure each law is constitutional. Americans can expect the three branches of government to use the