The Constitution of the Unites States is the world’s oldest doctrine that took on the feeling of natural law, the laws that define right from wrong and is said to be higher than human law. The Constitution is a symbol of national unity and loyalty which advocated emotional and intellectual support from Americans. The Constitution stands for liberty and justice for all. The Constitution is like our operating manual defining the purposes and boundaries of our federal government.
It was meticulously designed by our founders so that we would have government consistent with the values and principles of our nation. It’s in those values and principles where our “eternal truths” lie. It’s in our increasingly fragile sense of what the truths are that precede the Constitution, or the questioning by some if indeed there are any eternal truths, where our problems lie. The purpose of government, stated in the Declaration of Independence, is to “Secure” our “Rights. ” Separation of powers is a doctrine that is often believed to rest at the foundation of the U.S. Constitution.
It holds that liberty is best preserved if the three functions of government—legislation, law enforcement, and judgment are in different hands. The modern idea of separation of powers is to be found in one of the most important eighteenth-century works on political science, the Baron de Montesquieu’s The Spirit of the Laws (1748), which states that “There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates or if the power of judging be not separated from the legislative and executive powers.
” In Federalist No. 47 (1788) James Madison, commenting on Montesquieu’s views and seeking to reconcile them with the Constitution’s provisions, states that “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. ” I believe our founding fathers wanted to find a stable, conclusive, decisive and separate but not equal way to deal with crisis amongst the government and we the people.
In which also included granting a great deal of power to various parties. This conclusion today is known as the Constitution. Obviously the wisdom of our founding fathers enable them to realize the importance of this pertinent information. Yet also understanding nothing is perfect. Because of that belief, Andrew Vinstra stated in an article dated July 18, 2007 “the constitution was written with enough vagueness in the language to make further expansion of the basic rights to the people one of the very foundations of the document.
After creating such a document, Tom Alto stated in an article January 8, 2008 “the various parties combined many different principles in order to form a government that would best serve the people and their needs. This included several important principles. Such as the separation of powers, checks and balances, judicial, review and federalism. Each of these principles played a very important role thereby helping the Constitution become an effective guideline for the U. S. government and helps the government rule fairly and justly.
The Constitution, Werner Haas stated in an article November 2, 2006 “offers what is often called a “balance of power” where the three branches of government – Executive, Legislative and judicial are supposed to be equal; the fact is that a powerful congress. In conclusion Separation of Powers in the American democracy was used to divide the government into three branches: Executive Branch, legislative Branch and Judicial. The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.
Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as checks and balances. Three branches are created in the Constitution. The Legislative composed of the House and Senate. The Executive composed of the President, Vice-President. The Judicial composed of the federal courts and the Supreme Court. Each of these branches has certain powers, and each of these powers is limited, or checked, by another branch.
For example, the President appoints judges and departmental secretaries. But the Senate must approve these appointments. The Congress can pass a law, but the President can veto it. The Supreme Court can rule a law to be unconstitutional, but the Congress, with the States, can amend the Constitution. All of these checks and balances, however, are inefficient. But that’s by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.
The following are the powers of the Executive: veto power over all bills; appointment of judges and other officials; makes treaties; ensures all laws are carried out; commander in chief of the military; pardon power. The following are the powers of the Legislature: Passes all federal laws; establishes all lower federal courts; can override a Presidential veto; can impeach the President. The following are the powers of the Judiciary: the power to try federal cases and interpret the laws of the nation in those cases; the power to declare any law or executive act unconstitutional.