Congress also has the authority to prescribe the laws and regulations in the Uniform Code of Military Justice which the armed forces function with. Before Generals and Admirals assume their office, they are appointed by the President and are confirmed by a majority vote of the Senate. The Legislative power may start investigations against executive branch. House of Representatives may impeach, while Senators may remove officers of the executive and judici... ... middle of paper ... ...nts in the United States Constitution cannot be implemented without enough consideration. Works Cited Article III: Judical.
Unitary Executive Theory: This theory grants the president control over the executive members and his power is only restricted by the constitution. The Unitary Executive Theory draws its basis from the coordination of construction initially spoke of by Thomas Jefferson and reinforced by some later presidents. Thomas Jefferson was an influential framer of the constitution and his opinions were often those of many of the framers. The framers of the constitution believed the President was elected to interpret and apply the constitution to the best interest of constituents. The framers also believed Congress was elected to support the president and the beliefs set forth by the constitution.
The principle of the separation of powers is the ‘division of state and federal government into three independent branches’ . This divides the governmental power between the three divisions of the constitution, ensuring the state power is equal and is not violated by an individual branch. In concurrence with the principle of constitutionalism, separation of powers also ‘limits the power of the state’ . The separation of powers also specifies that the legislative, executive and judicial functions of the government should all be separate. ‘In a nation which has political liberty as the direct object of its constitution no one person or body of persons ought to be allowed to control the legislative, executive and judicial powers, or any two of them’ .
Each of these branches has certain powers, and each of these powers is limited, or checked, by the other two branches. By forcing the three branches to be monitored by the others, no one branch can gain enough power to become superior over the others. The American Governments system of being divided into 3 branches that can restrain one another is the most efficient way to govern the U.S. in a fair manner and without any branch becoming more powerful than another. The Legislative Branch, also known as the Congress, is made up of two houses and their main job is to make the laws of the nation. (1) They are also responsible for checking the actions of the other two branches that make up the Federal government.
The system of checks and balances, an essential feature of the federalist government, ensures a balance of power between the executive, legislative, and judicial branches and prevents the government from duplicating the tyrannical acts of King George III. The executive branch of the United States consists of the president, vice president, cabinet members, and administrative departments. According to the Constitution, the role of this branch is to enforce laws. In order to accomplish this, the president signs bills passed by Congress. This is not the president’s sole power, however.
No executive branch officer, like the President, can be part of the legislative branch. The president is chosen through the electoral college, a state-to-state basis (Paulsen and Paulsen 35) and may only be removed by impeachment or conviction for extreme crimes and violations. Distinct from the President, the judicial branch is elected for life, but both cannot have their salaries reduced. Unless two of the branches (often all three) approve the government cannot take action, a good way to show the Constitution’s power. Although, it states that all branches are co-equal it does not mean they have equivalent power.
This structure was furnished so that no one branch will over power the other. The three branches are organized to help one another by being self-governing of the other. The legislative branch contains congress, the judicial branch contains the courts, and the executive branch involves the president. On the other hand, separation of powers is defined as, “the division of powers into distinct branches of government” (Levin-Waldman, 2011). With the legislative branch creating law, the executive branch applying and carrying out the law, and the judicial branch interprets the law.
In the final analysis, although the legislative, executive, and judicial branches of government share the powers bequeathed to them in the constitution and maintain a system of checks and balances between them, power is not equally dispersed among them. The legislative, judicial, and executive branches make, interpret, and enforce laws. If power is defined as the ability to act or to produce an effect, then power in government is directly related to the ability to make laws because laws are the primary method in which a government can “act” or “produce an effect” on society. Therefore, the legislative branch of government has the most power because the laws they create are what affects society and without those laws, the judicial and executive branch would not be able to function. Works Cited American Government
I believe that our forefathers who created the three branches of government foresaw that the authority granted to each branch can easily be diminished by another branch, so they set up this system to prevent manipulation. Each branch has their own distinct operations and crossing another branches operations creates what is known as a “Constitutional Question”. For that reason, the President, who is the head of the executive branch, cannot make or pass a law because the function of making and passing laws is the authority granted to the legislative branch. Likewise, the U.S. Supreme Court cannot enforce a law because that is the task given to the executive branch. And finally, the Supreme Court cannot enforce laws nor make laws.
The second argument stated that to keep the government in check there is a series of checks and balances that will not let one branch of government gain too much control. Hamilton, Madison, and Jay put forth many of the arguments in support of the Constitution, but these two stood out more than the rest. In more depth, the first argument states that the government is directly related to the common people. The powers of the government come from ordinary powers or the common people and these ordinary powers have the ability to make changes in the government. The Constitution was designed in a manner as to protect the people of the nation both at the time the Constitution was produced and up to a time that the government might be destroyed.