Separation of Powers
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When the framers wrote the U.S. 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 concerns was that one of the three branches of government (executive, judicial, and legislative) would usurp the power of the others, thereby upsetting the balance of power so carefully crafted into the Constitution by them. In HamiltonÆs 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 three branches of government are guided by the limits imposed on them by the U.S. Constitution. However, the judicial branch has the potential to be all powerful, especially as regards the Supreme Court, which determined the outcome of the presidential election in the 2000 election. As James Madison maintained, ôYou must first enable the government to control the governed; and in the next place, oblige it to control itself,ö (Collier and Collier, p. 48). Because of the danger inherent in a disruption of the balance of power, the doctrine of separation of powers continues to surface in the study of law which regulates agency procedures and behavior. This analysis will explore why this doctrine continues to remain highly significant in this area. The overarching intent of the first t
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the executive branch and the legislative branch are firmly in the hands of republicans. As such, there is a tendency for these two branches to try to usurp the checks and balances on government by controlling the governed as opposed to controlling in the interests of the governed. The Supreme Court has declared many of the Bush administrationÆs actions as unconstitutional, such as detaining prisoners at Guantanamo Bay for long periods of time without the right to a speedy trial or counsel. In many instances since the founding of the Constitution, one or the other of the three branches of government has tried to take actions that put the greatest measure of power in their respective branch. This is why the doctrine of separation of powers continues to surface in administrative law. For example, President ClintonÆs ability to adopt the line-item veto was deemed unconstitutional by many, because it gave the executive branch the ability to modify legislation enacted by the legislative branch. Likewise, the Balanced Budget Amendment was viewed as unconstitutional by many, because its passing into law would give powers to the judicial branch of government that the Constitution defines as being within the realm of the legislative b
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Approximate Word count = 1276
Approximate Pages = 5 (250 words per page)
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