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The Concept of Separation in the US - Essay Example

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The paper "The Concept of Separation in the US" states that the concept of separation of power has given rise to a system of checks and balances within the United States government. This system ensures that no single party of state representatives gains overwhelming influence on others…
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The Concept of Separation in the US
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The legislature is responsible for lawmaking and involves Congress and Senate, executives include the president and other members of state departments. These members are responsible for ensuring that laws are well executed. On the other hand, the judiciary is vested with the power of evaluating how the law is interpreted.
It is important to note that the notion behind the separation of power also provides one branch leverage or supremacy over another to ensure that no branch supersedes others and also there is no abuse of powers. This system is further supported with the help of state and national governments and the horizontal division of power among them. Mainly the vertical division among government branches i.e. legislature, executive (president and bureaucracy), and judiciary (the Supreme Court and federal courts) is known as separation of powers (Geer et al. 11).

Articles I, II, and III of the U.S. Constitution provide a preamble of this division of power and authority among the government’s branches. A simple example of it can be the President’s authority to designate judges however members of the Senate need to approve these nominations. Secondly, legislation passed by Congress can be superseded by President’s veto power. Although designing legislation in Congress and state governments’ area however any part of legislation can be declared unconstitutional by the Supreme Court.
Where this separation of power keeps the authority of every branch restricted, it also disapproves of an over-influential national government since it may exploit the interests of state governments which may result in democratic discrepancies. There are different views regarding which branch tends to rule out the interests of others. According to Hamilton, the judiciary is the weakest of all as it only has access to limited areas of the constitution i.e. controversial cases (Lavinbuk 862). On the other hand, Presidency is perceived to be a weaker part since its actions are based on the approval of the Senate. Despite all these allegations, the separation of power ensures transparency and checks and balances in all branches of government theoretically.

2. Differences in Hamilton and Jefferson School of Thought
Hamilton and Jeffersonian views have some significant differences regarding the shape and structure of government in the United States. The present structure represents an amalgam of both however some of the differences are irreconcilable. Firstly, the Jeffersonian view supports the equality of all individuals despite their class, gender, ethnicity, or age. Despite the absence of women and African Americans in the 1787 Constitution, the proposed system had room for the inclusion of different social groups identified in the future (Geer et al. 13). On the other hand, the Hamiltonian view was an advocate of elites running the national government, particularly at its beginning. Jeffersonian view is rather skeptical of government’s integrity and believes that every form of government can be corrupted due to a superior executive whereas the Hamiltonian view believed that for a stronger system, a powerful executive is important.

Thirdly, the Jeffersonian school of thought believed in state governments and citizens having control over the main government whereas the Hamiltonian group supports the idea of a strong national government (DiLorenzo 59). Fourthly, the Jeffersonian perspective assumed the U.S. to be an agrarian entity with no involvement in global affairs and issues as people are supposed to be closer to their own country to preserve their political and social interests. On the other, Hamilton believed that the United States should strengthen its industrial and military power while playing a major role in international affairs. Finally, the Jeffersonian view considered expansion in gateways of influence as an effective tool for ensuring individual liberty by keeping a check on the government’s authority (Geer et al. 13). On the contrary, the Hamiltonian view considered restrictions as a better option as only educated and experienced elites are eligible for running the government than common people (Geer et al. 13).

A critical analysis of the present-day American government system would indicate that it is closer to the Hamiltonian view however I find the Jeffersonian perspective more convincing. Jefferson present a more optimistic and reliable constitutional system that allows common people to take measures that protect their interests instead of power vested in elites who would work for their cause. Even though not everyone can run the government and the presence of learned and experienced elites is essential, perhaps a strong education system can help in bridging this gap of skills and experience between elites and common people. Due to the differences between Hamilton and Jefferson, the American nation is yet to find a true system of government that best represents their interests. Although state governments are expected to undertake this responsibility however the influence of elites on these governments makes it difficult for common citizens to reap the benefits offered by Jefferson. Hence, Jefferson’s pure democracy presents a better system of government as Hamilton does not offer any system to keep a check on a government run by elites.

Further analysis indicates that there are no similarities among these two schools of thought. Where one agrees on the power of common people and believes that they can run the government effectively, another advocates the fact that only learned and experienced elites have the skills to make appropriate decisions while being in a government. Due to highly contradicting rationales, it is difficult to find similarities between these two political systems. 

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