its ideal structural forms in American government and its actual development in the evolution of American democracy.
It is the contention of this research that the separation of powers is a fluid concept in American democracy that at no time in history--nor in contemporary America--has been clearly defined and implemented. At times in history, the ideal of separation of powers has been more closely achieved than at other times--but the pendulum continues to swing. While the executive branch in modern America has gradually emerged as the dominant branch of government, contemporary social problems--such as embodied in the Nixon era--have swung significant powers back to the legislative and judicial branches. The future prospect of American politics appears weighted in favor of a strong presidency, but the separation of powers is far from an antiquated concept in American government.
The Constitutional Convention culminated years of dissatisfaction with government under the Articles of Confederation. From the time that the Articles were ratified in 1781, the national government lacked the power to deal with fiscal, diplomatic, and related challenges to its sovereignty. The absence of coercive authority contributed significantly to the demise of that regime. Indeed, unhappiness with the Articles existed almost from the beginning and proposals for reform were advanced within months of their adoption.
The Confederation faced critical financial problems throughout its existence. Shortly after the ratification of the Articles, the Continental Congress passed a tax to raise enough money to pay its expenses. The Congress could not compel the states to accept this levy, and by the fall of 1782 several had rejected it. With the Revolutionary War effectively over but peace negotiations languishing, the army went unpaid and became increasingly disaffected. Congress then adopted another unsuccessful tax, although enough money came in t...