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American Heritage - Essay Example

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Course ID Date 5. Separation of Power in U.S. Constitution The concept of separation of power has given rise to a system of checks and balance within United States government. This system ensures that no single party of state representatives gains overwhelming influence on others…
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American Heritage

Download file to see previous pages... These branches include legislature, executives and judiciary. Where the legislature is responsible for law making and involves Congress and Senate, executives include president and other members of state departments. These members are responsible for ensuring that laws are well executed. On the other hand, judiciary is vested with the power of evaluating how the law is interpreted. It is important to note that the notion behind separation of power also provides one branch a leverage or supremacy over other 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 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 U.S. constitution provide a preamble of this division of power and authority among government’s branches. A simple example of it can be 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 Secondly, legislation passed by Congress can be superseded by President’s veto power. ...
There are different views regarding which branch has a tendency of ruling out the interests of others. According to Hamilton, judiciary is the weakest of all as it only has access to limited areas of constitution i.e. controversial cases only (Lavinbuk 862). On the other hand, Presidency is perceived to be a weaker part since its actions are based on the approval of Senate. Despite all these allegations, the separation of power ensures transparency and checks and balance in all branches of government theoretically. 2. Differences in Hamilton and Jefferson School of Thought Hamilton and Jeffersonian views have some significant differences regarding shape and structure of government in United States. The present structure represents an amalgam of both however some of differences are irreconcilable. Firstly, Jeffersonian view supports equality of all individuals despite their class, gender, ethnicity or age. Despite absence of women and African Americans in 1787 Constitution, the proposed system had a room of inclusion of different social groups identified in future (Geer et al. 13). On the other hand, 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 Hamiltonian view believed that for a stronger system of, a power executive is important. Thirdly, Jeffersonian school of thought believed in state governments and citizens to have control over main government whereas Hamiltonian group supports the idea of strong national government (DiLorenzo 59). Fourthly, Jeffersonian perspective assumed U.S. to be an agrarian entity with no involvement in global ...Download file to see next pagesRead More
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