The U.S. Constitution is the foundation of American governance. Since its creation in 1878, the Constitution remains as the foundation of governance for the Republic and stands as the oldest living Constitution in the world. To prevent a tyranny of the majority will – or of one part of governance – it became necessary to ensure the several branches of government remained separate. To ensure that one of these branches did not trump the other branches, the Founders crafted – within the Constitution – a set of checks and balances. Separating powers, with checks and balances, made the U.S. government unique when it emerged in 1787. The Constitution describes a system of checks and balances and sets up a separation of powers.
The Constitution separates the three branches of governance through the first three articles. Article I applies to the Legislative Branch of government, Article II refers to the Executive Branch of government, and Article III concerns the Judicial Branch of government (Unit 1A, 14). The Constitution enumerates the duties and responsibilities of the respective branches of government in the relevant Constitutional articles. Article I states, “All legislative Powers herein granted shall be vested in a Congress of the United States” (Constitution, Article I Section 1). This separates the legislative power from the other two branches as Congress – alone – holds all legislative powers. Article II states, “The executive Power shall be vested in a President of the United States of America” (Constitution, Article II Section 1). Thus, the Executive branch – previously denied legislative powers – finds itself vested with the executive power exclusively. As “the” is a definite article, only the Executive bran...
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...he Supreme Court proved these points. After passing through the preceding paragraphs, it is clear the Constitution describes a system of checks and balances and sets up a separation of powers.
References
American Military University Faculty. Course Materials Unit 1A: The Foundations of American Government. https://online.apus.edu/educator/student/ [the rest of the URL is deleted as it contains information tied to my student ID number, etc. in the URL and this piece of html code presents a security risk] (accessed November 22, 2010).
Mount, Steve. Constitutional Topic: Checks and Balances. USConstitution.net http://www.usconstitution.net/consttop_cnb.html (accessed November 22, 2010).
U.S. Constitution. http://www.archives.gov/exhibits/charters/constitution_transcript.html (accessed November 22, 2010).
In document C says, ¨The constant aim is to divide and arrange the powers in a manner that they may be a check on one another.¨ This tells that the constitution is written so that the three branches of government are constantly checked by one another because a law is unfair, biased, or unconstitutional. This also makes it to where the branches of government can't make whatever law they want allowing them to have complete power to do whatever they please thus preventing tyranny. If the branches couldn't check each other they would be able to easily pass laws that only benefit themselves and they could make laws that would put people in harm's way, being able to check each other and putting that in the constitution was a very insightful task. Being able to check each other prevented any one branch from gaining and holding complete control over the
Checks and Balances. Checks and balances is a system that is a part of out U.S. Constitution. This system was put in to place so that no part of government would have too much power. The three branches: judicial, legislative and executive are constantly granting and checking the other branches actions, this is to make sure no one person can gain an excessive amount of control in government. For example according to ," the legislative branch is in charge of making laws. The executive branch can veto the law, thus making it harder for the legislative branch to pass the law. The judicial branch may also say that the law is unconstitutional and thus make sure it is not a law.The legislative branch can also remove a president or judge that is not doing his/her job properly. The executive branch appoints judges and the legislative branch approves the choice of the executive branch. Again, the branches check and balance each other so that no one branch has too much power".
Janda, Kenneth. "2 The Constitution." The Challenge of Democracy Government in America. Boston, MA: Houghton Mifflin, 2008. Print.
According to John Acton in 1887, “Absolute power corrupts absolutely”, meaning that if unlimited power is given to any one person, they can be corrupted by it. The framers of the Constitution recognized this and built in a plan to prevent this from happening and a result of this, the Constitution spreads power equally between the three branches of government: The Executive, Legislative and Judicial branches. These built-in checks and balances are very important to our government, because they keep one branch from gaining too much power over another. This balance of power prevents any branch of our government from being “corrupted absolutely”. This thesis will argue that this part of the Constitution is as important today as it was when first
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
When the framers of our revered Constitution came together to produce our governing system, they wanted to avoid the precedent of an all powerful entity that could control its citizens. They broke governments role into three important phases, which were the power to make laws, the power to interpret laws, and the ability to enforce them. To further decentralize these authority holding organizations, they created a system that allowed each of the three sections to have a say in each of the others ability to exercise said authority. This organization of overlapping power is referred to as a checks and balances system and was intended to create three equal powers to govern the United States. Over the years since its creation the initially equal powers have become unbalanced, but to understand how the scales have been tipped, one must understand each branches powers that allow them to carry out their mission, the powers that they have to balance out the other two branches, and the circumstances that have led to a change in the power equation.
The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a single dominant branch does not arise.
Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they succeeded. In order to guard against what one of the Founding Fathers called an "excess of democracy," the Constitution was built with many ways to limit the government's power. Among these methods were separating the three branches, splitting the legislature so laws are carefully considered, and requiring members of Congress to meet certain criteria to qualify for office. The Founders did leave a few problems along with their system.
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated that Congress was denied the power of taxation meaning the national government was given no money to regulate federal spending. Money could only be requested from the states and states had the ability to not guarantee the request. Among the lack of enforcement and taxation was the denied power to regulate commerce trade for the national government in other words the federal government could not build a strong economy. All these factors and others included lead to the fall of the Articles of Confederation. Guiding towards Constitutional Convention, where the present day Constitution was written and signed by 38 of the 41 delegates present on September 17, 1787. This paper discusses why the Founding Father’s designed the Constitution as they did and how this design has affected our system today.
The check and balance is also to divide the power of government. The three branches didn’t create tyranny because their purpose is to limit the government’s power. The other section is federalism, which is the federal system has some power to the states, some shared by the states and government. Federalism is great because the government doesn’t have all the power and it shows why the government was weak before because they didn’t limit the government’s powers. The next section is the supremacy clause. The goal of the supremacy clause is to regulate commerce, to provide an army and navy, provide uniform law of bankruptcy, and to declare war. The clause is important because it shows that America had power to trade with other countries, that they will always have an army and navy. The Framers made the Constitution because they wanted to have secure personal liberty, equality, and to secure a good government. The most important section in the Constitution is The Foundations for National Free Enterprise. The biggest reason why the first government was weak was because they didn’t take control in private property, which put them severely in
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
In 1787 the leaders of the states came together to establish a constitutional set of guidelines (laws), to ensure a more structured uniformed way of protecting the American people against total governmental control, and protecting the citizens rights. The constitution ensured that the branches would be serperated to detour from total control of one branch of government, Each branch of government has its own duties and responsibilities other than working along side the other branches. Below identifies the three branches of government as well as their responsibilities and process of being elected as a member.
The principle of separation of powers is laid out in Articles I, II, and III, in effort to avoid tyranny. It is a part of a system called check and balances. The check and balances play the roles of the three branches of government. This system was made so that no one branch will over power the other. The three branches come together and help one another by being independent of the other. The legislative branch consists of the Congress, the judicial branch consists of the courts, and the executive branch consists of the president. For an example, when a bill is in progress and the chief executive (president or governor) does not approve of it, he can reject legislation and return it to the legislature with reasons for the rejection. This is a process called veto power.
Many people living in The United States like to think that our founding fathers thought of the basic construction of our whole government system. They really did not; Charles-Louis Secondat, baron de Montesquieu thought of the system of checks and balances plus the three branches of government. The whole framework of our Constitution is based on what Montesquieu thought of during the enlightenment period. The purpose of the three branches is to make it where no one person or group of people is greater than the rest. Montesquieu wanted to make a government where the people had a say in what happened and there wasn't a single person in charge. The system of checks and balances was to reinforce what he was trying to do. Making it where one branch could stop another from making a bad choice for the country. This system of checks and balances mostly is there to stop one branch from abusing the other or from making decisions the people do not want.