The Doctrine of Separation of powers is that political power should be divided among several bodies as a precaution against tyranny. The ideal is opposed the absolute sovereignty of the Crown, Parliament, or any other body. The blueprint for United States¯ separation of powers is laid out in the U.S. Constitution and expanded upon in the Federalist Papers. The checks and balances of the U.S. government involve the vertical separation of powers among the executive (the Presidency), the legislature (the two houses of Congress), and the judiciary (the federal courts). There is also a horizontal separation between the federal government and the states. Defenders of separation of powers insist that it is needed against tyranny, inclu

I think the separation of power is what makes the American government the most perfect, powerful, and democratic government in the world. The fathers of U.S. Constitution realized that power of government coming from people. Therefore, the primary duty of government is to protect people¯s rights. In order to ensure the government won¯t abuse its power over people, the idea of separation of power is therefore necessary. It balances the government¯s power, makes sure that each branches have equal powers. It really makes the government working for people.

The theoretical reasoning behind the need for separation of powers is laid out by Publius (Jefferson and Madison) primarily in Federalist Papers. In American discourse separation of powers is more of a name than an accurate description. In application, none of the three branches is really separate from the others. This was the argument that James Madison addressed in The Federalist Papers. The Anti-Federalist issue was that °The several departments are blended in such a manner as at once to destroy all symmetry and beauty of form, and to expose some of the essential parts of the edifice to the danger of being crushed by the disproportionate weight of other parts.± Madison¯s answer was the °oracle± of separation, did not mean, °departments ought to have no partial agency in, or control over, the acts of each other±. He meant rather that °the whole power of one department [should not be] exercised by the same hands which posses the whole power of another department.± The merit of °blending,± according to Madison, was that along with bicameralism and federalism it produced a safety net of °checks and balances.±

Judicial Review is a distinctive power associated with the Supreme Court that is not specifically mentioned in the Constitution. Chief Justice John Marshall in Marbury v. Madison asserted the major principle on which judicial review rests by saying that, °[i]t is emphatically the province and duty of the judicial department to say what the law is.± Through judicial review the Court most dramatically asserts its authority to determine what the Constitution means. This power to interpret the law becomes the determining factor in the most powerful branch of government. The argument against the ability to exercise judicial review is that it gives judges the power to legislate. If the court believes that a law is f

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Approximate Word count = 1617
Approximate Pages = 6 (250 words per page double spaced)