Another method the Constitution protects against tyranny is Separation of Powers. Separation of Powers is the division of powers into three branches. In Document B it explains that the legislative branch makes laws, the executive branch enforces laws, and the judicial branch passes them. This evidence explains how the Constitution guards against tyranny because it separates the powers of the government and it makes sure that no branch has more power than the other.
Like Document A, Document B was written by James Madison. He writes of how government is split, and how one can avoid tyranny in government. In Federalist Paper #47 it reads, “The accumulation of all powers, legislative, executive, and judiciary, in the hands, whether of one, few, or many, and whether hereditary, self-appointed, or elective, may be justly pronounced the very definition of tyranny…. (L)iberty requires that the three great departments of power should be separate and distinct.” The three branches, legislative, executive, and judicial, is said to eliminate any form of tyranny. It lives up to its name because a tyrant is someone that has all power, and takes advantage of it in a negative way.
It seems that while this overlap is present in war powers the distinction can be made between the powers of war and peace. As shown by Federalist 69 the legislature has the powers to declare war while the executive has the prerogative to maintain peace. As such the legislature acts slowly and deliberatively which is best for a larger body. In stark contrast, the executive acts quickly and decisively allowing it to respond to changing climates and necessitating a single authority or President. It seems in the case of the “Proclamation of Neutrality” that the executive is acting exactly as intended by preserving peace and acting
Locke is a founder of the Common Sense pamphlet. He believed in government ruled by people. “He expressed the radical view that government is morally obliged to serve people, namely by protecting life, liberty, and property. He explained the principle of checks and balances to limit government power. He favored representative government and a rule of law.
Thomas Paine opposes the ideology of government, stating that, “Society in every state is a blessing, but government even in its best state is but a necessary evil,” (Paine 3). Essentially, the purpose of government is to protect people from preforming vices, and defend their natural right to Locke’s ideology of life, liberty and property. Without government, coercion would occur, and destroy one’s ability to express their natural rights. For America, Paine believes that the establishment of a strong fundamental government could allow for the cohesion of citizens to form a society respected by other nations
“...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…[the three branches] should not be so far separated as to have no constitutional control over each other.” (James Madison, Federalist Paper #51, 1788). This quote by James Madison shows that the Constitution basically separates powers of each branch, and gives each the right to stop the other if they feel that something isn’t fair or equal without creating a ruler or making one branch the strongest. With the concept of checks and balances, the founding fathers were able to stop soft tyranny, and keep government in a balanced and equal
Federalism breaks apart the powers given to the central (Federal) government and those powers given to the states. As seen in document A1, a source from James Madison from Federalist Paper #51, 1788; Madison states, “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among distinct and separate departments.” This idea from Madison is the idea of the division of power between the Federal Government and State Governments. Federalism provides a “Double security,” that protects the rights of the citizens of the United States of America. As the governments will be controlled by itself, the separate governments will also control each other. Federalism itself is a main contributor to the protection and guard against
A constitution is a set of fundamental and entrenched rules governing the conduct of an organisation or nation, establishing its concept, character, and structure. It is usually a short document general nature and embodying the aspirations of values of its writers and subjects. (Business Dictionary, 2015). A constitution is the ultimate authority; any action, which contravenes the rules of the constitution, will be both unconstitutional and unlawful. It will also help identify the rights and freedoms of citizens through a bill of rights, which operates both to protect citizens and to restrict the power of the state.
Separation of powers refers to the idea that the major body of a state should be functioned independently and that no individual of a state should have power separately. Therefore, separation of powers means that splitting up of responsibilities into different divisions to limit any one branch from expurgating the functions of another. The intention of the doctrine is to prevent the application of powers and provide for checks and balances of governing a state. It is a doctrine of constitutional law under which the three branches of government, executive power, legislative power, and judicial power are been kept separately to prevent abuse of power. The advantages of adopting the doctrine separation of power are; it reduces the risk of power being abused as too much power in one person is dangerous, it helps in mutually reinforcing democracy.