Separation of Powers in the Constitution - 895 Words

The Separation of Powers was simply created to establish a system of checks and balances so that no one particular division of the government could solely control all of our nations business. This makes is so the President does not have dictatorial control. Congress has a form of checked power so they cannot make unfair laws. The Judicial Branch is then not allowed to exceed the power that is given to them by law. It’s a system â€Å"Of the people, by the people, and for the people† allowing us as the people to be the unmentioned fourth branch of the government. Since we as a people elect our representatives, that allows us to change our form of government and provide the best checks and balances we can to our government and its†¦show more content†¦Congress enacts legislation, which the president must sign into law or veto. The Supreme Court can declare laws passed by Congress and signed by the president unconstitutional, but the president appoints the j ustices and all the other federal judges, with the Senate’s approval. So that means that the President administers the laws, and Congress then provides the money in which to run the government. This also means that the Senate and the House of Representatives have absolute veto power over each other, the reason for that is because both houses must approve the bill before they can become law. Each branch has some authority over each other but at the same time each has political independence from one another. The Judiciary has become such an invaluable part of our system of checks and balances so much so that many other nations have adopted this approach. In places such as Canada, Germany, France, Italy and Spain the constitutional courts review the laws that are referred to them to ensure that the laws comply with their constitutions. The framers clearly indented that the Supreme Court have the power to declare state legislation unconstitutional, but whether they meant to give it the same power over congressional legislation and the president remain unclear. The constitutional framers were very careful to limit the powers they gave the national government, they did however meet in Philadelphia to create a stronger nationalShow MoreRelatedThe Constitution and the Separation of Powers579 Words   |  2 PagesOne of the earliest ideas of separating powers came in the 1600’s and is evidenced by the idea that the parliament then is what we would consider today as being the Legislative branch of government since it was in charge of taxes. To be a king in those days would be similar to the Executive branch, as the king conducted wars and enforced the law. However, credit is often given to Baron de Montesquieu, a French philosopher. According to the authors of our text book, John Locke initially desired thereRead MoreThe Australian Constitution And The Separation Of Power2193 Words   |  9 PagesAustralian Constitution is a rich amalgam of variou s classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particularRead MoreThe Separation Of Powers During The American Constitution1932 Words   |  8 Pages The concept of the separation of powers introduced in the American Constitution has been consistently praised throughout early academia as a check on the corruption and tyranny of the federal government. By distinguishing between state and national powers, policies are tailored to fit individual needs, and the personaliz+ed laws of each district collectively appeal to public interests. This statement, however, ignores the histori cal motives behind the separation of powers. In Slavery in the StructureRead MoreSeparation Of Powers And The United Kingdom s Constitution Essay1465 Words   |  6 Pagesaimed to focus on and examine the importance of having a separation of powers and the reasons for having same in the United Kingdom’s constitution. We shall further look into the structure of the United Kingdom’s constitution whilst assessing its somewhat unclear separation of powers which exist and assess the reasons why the United Kingdom’s system of government does not adhere to the doctrine of the separation of powers. The separation of powers is defined as the political doctrine of constitutionalRead MoreEssay The Separation and Balance of Powers in the UK Constitution1225 Words   |  5 PagesThe Separation and Balance of Powers in the UK Constitution â€Å"By the latter part of the 20th century the independence of the judges had come under increasing threat from interference by the executive. Recent reforms have, however, served to redress this position and ensure that a proper division of personnel and functions between these two arms of the state is restored. Discuss this statement in the context of the Separation/ Balance of Powers in the UK constitutionRead MoreSeparation of Power Plays an Important Role in the Constitution of Trinidad and Tobago1189 Words   |  5 PagesThe doctrine of separation of powers plays an important role from a constitutional perspective. In defining the term it can be seen within a vast multitude of legal text as the â€Å"constitutional principal limiting powers vested in an institution or person. The functions of governmental authority is divided into three categories; inspired by French jurist Montesquieu (1689- 1755), the legislative, executive and judiciary as separate branches exists in many countries. In Trinidad and Tobago these branchesRead MoreWhy Did the Founding Fathers Create a Constitution Based on the Ideas of Separation of Powers, Checks and Balances, Federalism and the Bill of Rights?1533 Words   |  7 Pagesfathers create a constitution based on the ideas of separation of powers, checks and balances, federalism and the bill of rights? The founding fathers wanted to create a constitution because many believed that the national government had to be stronger than what it had been with the use of the Articles of Confederation. But at the same time they were fearful of human nature and how often it could be seen in the history of other countries such as Britain, for people in the position of power to infringeRead MoreThe Separation of Powers Doctrine Essay1040 Words   |  5 PagesThe Separation of Powers Doctrine The Separation of Powers Doctrine can be traced as far back as ancient Greece and essentially the meaning attributed to it is the dividing functions of government between groups with different interests, so that no power in the centre can act without the cooperation of others. However there are many interpretations of the doctrine, one being that of Aristotle, who favoured the division of power according to class interests of theRead MoreCritical Analysis of Good-bye, Montesquieu by Bruce Ackerman1454 Words   |  6 PagesINTRODUCTION:- â€Å"Power must never be trusted without a check†. The French jurist Montesquieu introduced the principle of â€Å"Separation of Power† (also known as Trias Politica) for the first time in his book L. Esprit Des Lois (Spirit of Laws) published in 1748. This doctrine mean the fact that one person or body of persons should not exercise all the three powers of the Government viz. legislative, executive and judiciary. It means that theyRead MoreFederalism, Separation Of Powers, Checks And Balances And The Bill Of Rights1208 Words   |  5 PagesFederalism, separation of powers, checks and balances and the bill of rights are the four main elements that the constitution is made up of. All four of these elements are what made the constitution strong, lasting over two hundred years. Three separate branches were created that had their own specific powers. The government was then given the power to tax and enforce its laws. The structure of how this one document has governed is what makes the constitution unique. The U.S. constitution established