The founding fathers of the United States Constitution were faced with a profound problem during the designing of America’s highest legislation. For in the constitution it is defined how power is to be utilized by the government, the body responsible for holding power over the country and its people. The design planned for the new government to be broken into three separate branches created the dilemma of knowing how power could be controlled between the three of them, and between the President and the states. Separation of power was fought for by framers like James Madison, a nationalist, in opposition to others who argued that power could be sought, maintained and developed in an unlimited fashion.
Perhaps Madison was the most obsessed of all the framers with controlling power within the new government’s design. His views are summarized in the following, “If men were angels, no government would be necessary…In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. A dependence on the people is no doubt the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions,” (Collier and Collier, 1986: 48). This paper will be an analysis of the problems facing the framers and the resolution of it as the founding of separation of powers. The reason why the federalists saw such a need for controlling power in the new government will also be illustrated. A brief conclusion will address the inherent weakness in our system of government that occurs because of the separation of powers.
The biggest problem facing the framers of the constitution was how to develop a strong central government that would not abuse its powers of authority. The solution to this problem is a combination of a system of checks and balances ...