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Merriam-Webster defines power as the, “ability to act or produce an effect.” The legislative, judicial, and executive branches of the United States government maintain a delicate balance of power as they make, interpret, and enforce laws. In the first three articles of the Constitution, the framers did their best to ensure that power would be separated to the extent where no single branch of government could claim superiority over another and they further enforced this through the structure of checks and balances. Despite the separation of powers and checks and balances, there is an imbalance of power. The legislative branch has more power than both the judicial and executive branches. The primary function of the legislative branch is to make laws.
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. Montesquieu argued that to protect the rights of the nation and the security of destruction from the law; self governing bodies must possess individual powers to slow down the natural tendencies of an absolute monarchy.
With the legislative branch creating law, the executive branch applying and carrying out the law, and the judicial branch interprets the law. This is an idea the framers of the constitution developed to distribute detailed governmental powers among the three branches of the government: legislative, executive, and judicial. The framers understood it was important to separate the powers between the three branches to keep the mainstream from having complete control over everything. Checks and balances is defined as, “when one branch of government checks the other and balances out its power” (Levin-Waldman, 2011). The creators did not want any single branch of the government to have more control over the other, so through separation of powers they executed a system of joint powers, called checks and balances, which requires each branch ... ... middle of paper ... ...udges’ cases; and sets the policies for its own members.