Separation of Powers
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When the framers wrote the Constitution, one of their core beliefs was that government had to be limited in order to protect the republic from tyranny. Government was intended to derive its power from the consent of those governed. One of the framers biggest worries was that one of the three branches of government would try to usurp the others and upset the balance of powers so carefully crafted into the Constitution by the framers. In Hamilton’s Federalist No. 78, he urged the high Court to focus on legal power and leave the exercise of political power to the legislative and executive branches. The constitutional delineation of the separation of powers is the foundation of American government. Unlike the British system, the framers of the U.S. Constitution organized the American government so that it was divided into three branches, each an equal of the others and each acting as a check and balance on the others. The three branches, the legislative, judicial and executive are guided by the limits imposed upon them by the Constitution. However, the judicial branch of government is one of the most powerful especially with regard to the Supreme Court. The nine members of the Supreme Court are appointed for life and are not affected by popular vote. The men and women on the Supreme Court are the only ones in the country with the power to interpret the Constitution. This power is a great one because it allows them to cons
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ial Security Act and the National Labor Relations Act. Because of this, Roosevelt’s plan to expand the number of justices on the Court failed. Many time since the Roosevelt era the three branches of the government have tried to take actions which put the greatest measure of power in their own branch. For example, President Clinton was able to secure the line-item veto which many argued was unconstitutional because it gave the executive branch the ability to modify legislation enacted by the legislative branch. Further, the Balanced Budget Amendment was seen as unconstitutional by many because its enactment would give powers to the judicial branch of government that the Constitution defines as being within the realm of the legislative branch. This is because the power to tax and spend rests solely with the legislative branch. However, if the judicial branch is allowed to gain control over taxing and spending this power would be usurped. The Balanced Budget Amendment requires that Congress balances the budget. If they would fail to do so it would allow the judiciary to review the actions of the Congress where taxing and spending are concerned. In other words, they would be able to declare unconstitutional certain taxing and
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Some common words found in the essay are:
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Approximate Word count = 1857
Approximate Pages = 7 (250 words per page)
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