The Importance of Separation of Powers & Checks and Balances: Seth Connell
Possibly one of the most important concepts that is still used today is the Separation of Powers. This involves separating government powers into different areas such as executive, judicial and legislative branches. This concept is still important to this day, if not even more important than it used to be due to the more complicated way our system of America functions today. This area of the Constitution “provides a method for change” (Connell 1).This means it allows for laws and ideas to be passed in a civil, reasonable manner. If the legislative branch worked alone, it would have the power to create any law is deemed worthy. Without this separation, “any legislation could be passed, and there would not be a way to oppose it” (Connell 1). This is prevented using the separation of powers. “If the executive branch disagreed with the law, it could be vetoed; or, if a lawsuit was brought against this law, the judicial branch could decide if the law was Constitutional or not” (Connell 1). This system prevents unconstitutional laws to be passed, and is very important as it avoids chaos in today’s government.
|
What Separation of Powers Means for Constitutional Government: Charles R. Kelser, Ph.D.
The separation of powers simply preserves liberty by as maintaining and promoting a good government to this day, as well as by preventing tyranny and abuse of power. “Tyranny is a danger because man's passions and reason are not perfectly harmonious; his reason may be distorted by desire” (Kelser 1). Tyranny in the system is something America has long avoided using the separation of powers. These desires fueled by the American dream can be dangerous to our country . “As a precaution against injustice, therefore, the powers of government must be so divided that no man or group of men may wield all of them at once” (Kelser 1).
This system promotes good government by allowing “the branches of the federal government to perform their respective functions well or at least better than they otherwise could” (Kelser 1). With this, our government is organized and democratic, fit for the country we live in today. Because of the complexity of our country, this good government needs to be there. Without it, we are at risk to repeat failures we may have had in the past before the constitution was even set in place. |
Separation of Powers with Checks and Balances: Bill of Rights Institute
The separation of powers also serves to
keep each power in check and the government controlled. Through this system “each
branch of government is not only given a finite amount of power and authority
but arrives at it through entirely different modes of election” (Bill of
Rights Institute 1). With
limited power, powers do not dominate each other and instead are presented as
equal. Without it, however, “members
will jealously guard its power from encroachments by the other two branches and
vice versa” (Bill of Rights Institute 1). In practice, each power
balances the other, as the legislative branch may make the law, the “the president may check Congress by vetoing
bills Congress has passed” (Bill of Rights Institute 1). From that, “Congress may enact a law over the
president’s objection by overriding his veto with a vote of two-thirds of both
the House and Senate” (Bill of Rights Institute 1). These rolls are
key in managing and controlling government. A happy, stable government leads to a happy America. Gaining
a happy America is why this separation of powers is so important to this day.
|