Concept of Separation of Powers
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The U.S. Constitution makes no mention of the concept known as the "separation of powers." Yet, the concept is central to the American form of democratic government. In creating a government based on this concept, the Founding Fathers were influenced by the French political philosopher Baron de Montesquieu. In 1748, Montesquieu advocated a form of government in which governmental powers are divided into legislative, judicial, and executive branches. "When the legislative and executive powers are united in the same person, or in the same body of magistrates, there is no liberty," declared the philosopher. Nevertheless, the term "separation of powers" is a somewhat misleading description of governance in the United States. Even though governmental authorities are divided among different branches of government, and even different levels of federal and state governments, there is considerable overlapping of responsibilities. As much as the American government is based on a separation of powers, it is also based upon shared responsibilities. The branches of government are separated, but their powers and functions are fused and overlapping. Policymaking in the United States requires the participation and cooperation of all three branches of government. The problem of drawing a line of demarcation between the responsibilities of the branches of government is even made even more difficult by a Constitution that does not clearly define a separation of powers.
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eral government was one of enumerated and limited powers, no bill of rights was necessary. In contrast to state governments, which could exercise any and all powers except those expressly denied by state bills of rights, the federal government could wield only those powers specifically conferred upon it by the Constitution. So it was that the power of Congress, the branch of government that Madison and others believed had the greatest tendency to seek self-aggrandizement, was limited through the constitutional device of enumerated powers. Article I of the Constitution vests in the Congress only those powers "herein granted."
Federalism is yet another "auxiliary precaution" that regrettably seems to have been ignored in contemporary times. The Constitution divided governmental power not only horizontally, among three branches of the federal government, but vertically, between the federal and state governments. This "compound government" added to the diffusion of governmental power in ways considered beneficial to the protection of individual liberties. Significantly, while the legislative authority of the national government was limited to enumerated powers (made explicitly clear by the later enacted Tenth Amendment), that of t
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Some common words found in the essay are:
House Commons, House Senate, States--not President, Source Abuse, Ninth Amendment, Policymaking United, Constitutional Convention, Continental Congress, Hence Federalist, Hamilton Federalist, separation powers, federal government, checks balances, branch government, foreign policy, branches government, executive branch, national government, separation powers doctrine, bill rights, ninth amendment, legislative balances checks, system checks balances, executive judicial branches, legislative executive judicial,
Approximate Word count = 10146
Approximate Pages = 41 (250 words per page)
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