The purpose of this paper is to discuss the Separation of Powers doctrine built into the Constitution. Discussion will cover the origins of the doctrine, the factors that made it attractive to the founding fathers, and the question of its usefulness in modern America.
Political theorists as far back as Aristotle had discussed the merits of various forms of government. The point had been made over and over again that to have all governmental authority vested in a single person or organization is to make it easy for despots to seize power. The more a society and government aspires to democracy, broad-based suffrage, and respect for individual rights, the more it would need to disperse power over a number of institutions and officials.
The theory was clear, but finding a practical way to apply it was not obvious. Congress under the Articles of Confederation had those aspirations, but found that the way it was attempting to disperse power instead produced paralysis. In fact, the American experience with the Confederation Congress gave the fledgling United States a set of positive reasons for wanting separation of powers, to go along with the negative reasons derived from colonial experience under the British Parliamentary system.
There had once been a separation and balance of powers in the British system, at least for the upper classes. As long as the monarch and the House of Lords still had independent power and authority, they were able to counterbalance the House of Commons. But after the British Civil War, when Great Britain had the opportunity to experiment with being a republic, with unitary government, and even with military dictatorship, the Parliamentary system was fundamentally changed.
The Restoration of Charles II did not reintroduce a balancing factor. Charles was perfectly clear that he reigned at the pleasure of Parliament. His unfortunate brother James did not understand this, and his obstinacy led d...