AMERICAN POLITICS
The Importance of Separation of Powers & Checks and Balances : published by Seth Connell
The Separation of powers is one of the most important resources today. In 1787 the Separation of powers was established. The concept of the separation of powers finds its first ancestry in Aristotle, with refinements in the 17th and 18th centuries by, among others, James Harrington and John Locke. The most important work however, is that of Baron de Montesquieu. “The term “separation of powers” originates to Baron de Montesquieu, a French Enlightenment philosopher. He used the models of ancient Rome and the British Constitutional system to theorize the ideal distribution of governmental powers between executive, legislative and judicial branches” (Connell). The legislative branch is responsible for making the law. The executive branch is responsible for ensuring that the law is carried out. The judicial branch is responsible for interpreting the law. “The purpose of this is to ensure that no one party or belief can have more control over the government than another. History shows that when one group with the same ideology is in power, tyranny and mass slaughter soon follow” (Connell). The framers of the Constitution feared too much centralized power, adopting the philosophy of divide and conquer. At the national level, they created three different branches of government to administer three different types of power. The legislative branch made the laws through a Congress of two houses, the Senate and the House of Representatives. “The separation of powers creates unique roles for each branch of government. Here are some of the roles of each branch. In the legislative branch, the laws are created, budgets are passed, and wars are declared” (Connell).
Why A Separation Of Powers Is Important: Published by Law Teacher
The term separation of powers was established by baron de La Brède et de Montesquieu, an 18th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. “Montesquieu the French jurist, who lived in England from 1729 until 1731, has developed the doctrine of separation of powers. He based his exposition on the English constitution of the early eighteenth century as he understood it. He followed attempts by Aristotle and Locks in dividing the power of government” (Law Teacher). Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently. “Each body or person can be exercised in isolation from each other and for balance to occur between them no function can become more powerful than the other two. However, in France, the separation of powers has manifested itself very differently from the American version. The ordinary Courts should have no jurisdiction to review the legality of acts of legislature or executive” (Law Teacher). Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. The traditional characterizations of the powers of the branches of American government are the executive, legislative, and judicial. “The legislative function is the making of a new Law and the existing Law alternative or repeal. It involves the enactment of general rules determine the structure and powers of public and authority and regulation the conduct of citizens and private organization” (Law Teacher). “The role of the executive or administrative function is that to formulate and implement government policy across all governmental activities. In formal terms, the sovereign is the head of the executive. Members of government are primarily elected Members of Parliament who sit in the House of Commons; although a number of government ministers also sit in the House of Lords” (Law Teacher). “The judicial function consists of disputed questions of the facts of particular cases and Law according to the Law lied down by Parliament and expounded by the Courts. It is the branch that adjudicates upon conflicts between State Institution, between individuals and between state and individuals” (Law Teacher).
Separation of Powers in the Twentieth Century: Published By Gale Group
The separation of powers was something that was very important to the American people when the constitution was made, and it is even more important now. The separation of Powers is something that was very important when the constitution came about because it helped establish important parts in current American government. For example “Until about 1798 the federal courts decided cases based on the assumed existence of a federal common law of crimes, meaning that acts considered criminal in England would be considered so in the United States although no statute had been passed to prohibit them” (Gale Group). In the beginning many people did not know what was against the law in America so the courts decided and basically made up what would be legal and not legal by comparing America to English standard. Even though by the separation of powers is was up to the Legislative branches to decide the laws before the Federal courts. When the separation of powers is bypassed officials are quick to act to ensure that everything stays constitutional. For example “Congress passed the War Powers Act of 1973 as a means of subordinating the president to the constitutionally granted power of the Congress to declare war” (Gale Group). Soon after this act passed it was questioned by the Supreme Court if it was in accordance with the separation of powers, it was found to have been a violation so the law was quickly repealed. The separation of powers is something that the twentieth century people need to ensure that their social contract with the government is not being violated. “The Constitution does not strictly adhere to the separation of powers, as the three branches of the government—Congress, the president, and the courts—have some overlap in their constitutionally assigned functions” (Gale Group). Even though there is overlap in the departments there is still order and no one group is attempting to take over it all. We use the separation of powers and the system of checks and balances to ensure that even with some overlap no one person or group is taking over. Through History the founder’s thought Montesquieu's system to be the best for the American people. It was important than and it is important in our current society.