United States Constitution Separation of Powers: Legislative, Executive, and Judicial - Research Paper Example

Client’s Information United s Constitution Separation of Powers: Legislative, Executive, and Judicial The Constitution of the United States of America provides for three branches of government in order to create a system of checks and balances. The legislative, executive, and judicial branches of the system work through independent, yet influential means to create a balance of government. In order to provide for a diminished capacity for corruption, the checks and balances create limits imposed from one branch to another so that no one branch can assert too much power. An ancient form of government that reaches back to the time of Greek classical thought, the method of creating a sense of equal measure and power in which to form a government that serves its people instead of serving power for the sake of power, is indicative of the theories of freedom that drove the framers of the Constitution during its inception. With focus on three specific forms of the checks and balance method of construction, the equality of governance can be examined and assessed. In Article I, Section 8 of the constitution it states that “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States” which is followed by, “To borrow money on the credit of the United States;” (United). According to this clause, the legislative branch of government is responsible for the economic health of the state. The following power allows for the ability for this branch to borrow money on behalf of the United States. This power provides a framework for the government to develop its economic interests and act as an agent of management for the financial considerations of the nation. The business of maintaining and running the nation has been put into the hands of Congress, allowing for the decisions that most directly affect the financial well-being of the country to be considered. Without the actions of the Congress, the employees of government cannot get paid, the budget considerations cannot be met, and the expense of running a country would not have administration. By the use of this power, the Congress has the power to create and oversee the budget, while determining the proper use of the available funds to allocate to needs. With this considerable power, the legislative section of the government has the ability to plot the course of the country in regard to the funding of war, the federal grants to the states for schools and roads, and the stability of the financial health of the government. The powers that have been given to the executive branch of the government that creates a balance to this power are the executive power to veto and to implement the spending that has been approved by Congress. When Congress passes the budget, it is up to the President to sign it or to veto it as not being correctly executed to the benefit of the nation. If the President were to use his veto power, the Congress would then have the power to override that veto, passing the budget and creating a continuation of the Client’s Last Name 3 financing of the nation. However, the veto and its subsequent override are two of the ways in which checks and balances are maintained through the executive and the legislative branches. Part of the directive states that “all duties, imposts, and excises shall be uniform throughout the United States“ (United). This is in regard to the importance of the equality and rights of the states. During the formulation of the direction that government would take in regard to the formation of states that would be united under one central government, there was some debate as to whether or not the states should be more independent of each other. In the Federalist Paper #6 it states that “ A man must be far gone in Utopian speculations who can seriously doubt that, if these States should either be wholly disunited, or only united in partial confederacies, the subdivisions into which they might be thrown would have frequent and violent contests with each other” (Hamilton #6). However, this opinion that the states should be thus unified was not shared by all. In an Anti-Federalist letter that questions this fear of dissension should the states not be unified, the question is raised by the statement “We are now told by the honorable gentleman (Governor Randolph) that we shall have wars and rumors of wars, that every calamity is to attend us, and that we shall be ruined and disunited forever, unless we adopt this Constitution” (We Have). The fear that the states would be in disagreement with each other over issues that could lead to violent disputes was not automatically accepted by all who were participating in the process. However, the creation of a united government that was designed around the theories of the separation of powers would Client’s Last Name 4 eventually be the construct of the new nation. There were many fears that resulted from the creation of this form of government. As the states worked out the way in which they would institute their governments, the concept of the separation of powers would take time to be fully embraced. “The revolutionary concept of the delegation of power from the people to their agents in the various branches of government is deeply opposed to the ideas of the balanced constitution, in which important elements were independent of popular power, and able to check the representatives of that power” (Vile). However the equality of the system was slowly embraced and the states began adopting systems of three branch governments. In Article II, Section 2 of the Constitution of the United States it states that: The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. (United) This power given to the President allows him to head up the national defense. As well, the last portion of this clause states that “he shall have power to grant reprieves and pardons for offenses against the United States”. This power provides a balance against the Judicial branch as the President may see fit to override a sentence that has been brought about and pardon an offender that he sees to be worthy of national forgiveness for a crime. Issues of privilege give cause for the three branches to provide the checks and Client’s Last Name 5 balances for one another in order to eliminate a class that receives special treatment over other classes of people. However, as exampled by the Executive privilege to grant a pardon, this is not easily eradicated from a government system. The system is designed, though, to eliminate as much of the abuse of power as can be reduced without diminishing the power of the government. The veto power, however, would not be given as an absolute power and was limited as were other powers that seemed to close to the creation of sovereign power. During the discussions of the absolute power of veto, “The President’s veto power made him too much like the English King to pass unchallenged” (Vile). In order to decrease the possibility of a leader gaining too much power, the following limitations were put into place: The veto power was restored, but only a qualified veto; the appointing power was given to the President, but subject to the power of the Senate to confirm appointments unless otherwise provided for by Congress; the power to negotiate treaties was placed in the President’s hands, but confirmation was required by the Senate; and the power to declare war remained with the Congress (Vile). Therefore, the possibility of the a pure separation of powers form of government could not be considered. The framers created the checks and balances systems to ensure that a sense of responsibility would be affirmed within the President. His power would not exceed the capability of the Congress to check that power and hold the decision accountable to the American people. Ultimately, the states would be unified and the Constitution would put into place a template for the separation of powers with a system of checks and balances that would Client’s Last Name 6 hold the system together through prudent decision making that must be held accountable to the other branches of government upon which the individual state governments would build their governing structures. Because of the dangers of allowing the states to have a complete autonomy from the union, this concept would ultimately not be adopted. While states have the write to create laws, to legislate, and to develop some individualized identities, each state is a part of the nation and subject to the greater decision making of the federal government. Alexander Hamilton wrote: Some of the writers who have come forward on the other side of the question seem to have been aware of the dilemma; and have even been bold enough to hint at the division of the larger States as a desirable thing. Such an infatuated policy, such a desperate expedient, might, by the multiplication of petty offices, answer the views of men who possess not qualifications to extend their influence beyond the narrow circles of personal intrigue, but it could never promote the greatness or happiness of the people of America. (Hamilton #9) While the system is not perfect, the goal has been to “promote the greatness or happiness of the people of America” (Hamilton #9). In creating a system that would allow for all citizens to be represented and for no power to gain a corruption of power because of the responsibility that is involved, the welfare of all citizens could have a chance to be addressed. As the judicial branch seeks to find a blind justice that hopes for equal justice, the legislation seeks to represent the needs of the people, regardless of class, and the executive intends to lead the people to a better and stronger vision of the nation, the idea of America is filled with a sense of hope. The hope exists that with these balancing aspects, a government that is interested in its citizens can be achieved. Client’s Last Name 5 Works Cited Hamilton, A. “Concerning Dangers from Dissensions Between the States for the Independent Journal.” The Federalists Papers # 6. 29 March 2009 Hamilton, A. “The Union as a Safeguard Against Domestic Faction and Insurrection” The Federalists Papers #9. 29 March 2009. “United States Constitution.” Cornell University Law School. 2009. Legal Information Institute. 29 March 2009. Vile, M. J. “Constitutionalism and the Separation of Powers” (2nd ed.) 1998. Indianapolis, Liberty Fund, 29 March 2009 “We Have Been Told of Phantoms” The Anti-Federalist Papers #2. 29 March 2009. Read More