Separation Of Powers
Over two hundred years ago our Founding Fathers gathered in Philadelphia, PA to rewrite the constitution. In rewriting the Constitution there was one change that they wanted to make above all. That was within this new government there would be a Separation of Powers of each branch of government. Developing a system that was fair and equal to all was also a big part of the equation. Another part was making a government that was centered around the Federal government and not the state. To create such a government meant creating a system that did not give to much power to any one person or organization. They accomplished this by fragmenting the government and creating a separation of powers. By dividing the government into three separate branches it would take total power away from anyone group. Which also created a checks and balance system that would not allow any abuse of power by either of the branches. Although our Founding Fathers were extremely bright men who had minds of their own, they were still subject to outside influences when it came to writing the constitution and developing a new and improved government. A major influence on our Founding Fathers democratic beliefs was th
e Greek historian Polybius who wrote 40-volume Histories of Rome from 220 to 146 B.C. Some consider the French philosopher Charles Louis de Secondat Baron de Montesquieu the author of the checks and balance system the most prominent influence on our Founding Fathers. They cite his work Spirit of the Laws as the authority in this area. James Madison was quoted as saying in reference to Secondat, "the oracle who is always consulted and cited on this subject is the celebrated Montesquieu." There is no doubt that Montesquieu had and influence on the founding fathers, but even Montesquieu was influenced by others. A large portion of Montesquieu's work was borrowed from Polybius's theory of mixed constitution. This mixed constitution was a combination of three forms of government: monarchy, aristocracy, and democracy. Each of the three branches of government checked the strength and balanced the weaknesses of the other two. This style of government leaves absolute rule in no single body but it is shared among all three. Polybuis believed that the Republic of Rome had avoided tyranny by developing a mixed constitution, a single state with elements of three governments at once. This is what our Founding Fathers benchmarked when they developed U.S Constitution. How these three branches control one another is at times complicated and at other times quite simple. Next, I will attempt to give a brief explanation of their relationship. The president can veto, bills passed by congress. Congress and the president can move to impeach judges from their posts or make cuts in the federal court system. A two-thirds vote from congress can override a presidential veto and can impeach a president or try him for high crimes and misdemeanors. The Senate is able to reject the president's nominees, and Congress has the ability to reject the financing of any executive program. And the Supreme Court can proclaim the acts of Congress or the president unconstitutional. This is how the balance of power in our government is maintained, a checks and balance system that does not allow one branch power over the other. This system of government has been copied many times over by countries all over the world. The beautiful thing about our government is that our leader cannot and does not act alone when it comes to making decisions for this country. In closing, I believe our founding Fathers had no true idea of the power they were giving Legislative branch of our government. But by dividing the powers and leaving room for interpretation they allowed room for the changes in society and they ensured that no one person or group would have too much power. I don't think the Founding Fathers knew how much of a mess the separation of powers would cause. But I do believe they knew how it would affect the people in this country. They understood the importance of choice and diversity. This foresight by the Founding Farther is the saving grace in our Constitution. A direct connection between Polybius and the Founding Fathers can be found in references made in their writings. Thomas Jefferson had several editions of Polybius' Histories in his own library. There are private letters written b
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Approximate Word count = 2165
Approximate Pages = 9 (250 words per page double spaced)
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