Separation of powers is when a government is split up into different branches, equally making sure that one branch does not overpower the others.
The government of America is divided into three branches:
Legislative branch - the Congress. It makes money, declares war, can override president’s veto, and raises and supports the army.
Judicial branch - the Supreme Court. It declares if laws are unconstitutional.
Executive branch - the President and his cabinet. It proposes laws, the president is the Chief of the army and he appoints judges and ambassadors.
They each have limited powers, but together, they have enough power to run the country. (Newman 10 vol. 1, American Journey)
Separation of powers was not enough for the founding fathers so they organized checks and balances. Checks and balances is when one branch passes a law and then the other two branches are able check and make sure that that branch is not doing something wrong. (Newman 10, vol. 1)
The executive branch can check on the legislative branch by vetoing laws and can propose laws.
The executive branch can check on the judicial branch by appointing federal judges.
The legislative branch can check on the executive branch by declaring war, overriding a president’s veto, and can even impeach president.
The legislative branch can check on the judicial branch by proposing amendments to overrule judicial decisions.
The judicial branch checks on the executive & legislative branches by declaring actions unconstitutional. (Lowi & Ginsberg 88)
Separation of powers is very important. The reason for this is because if there were one person or section that ran the country by itself, it would take away freedom of the people. That section would have so much power, just doing whatever it wanted. No one would be able to criticize an action or a decision or declare its choices unconstitutional. Basically, whatever they say would go, and without further debate, so if the government is separated into three, then one section couldn’t get all it wants.
Checks and balances are also very important. It helps separation of powers do its job. When a branch suggests a new law, it doesn’t just immediately go into effect. The other branches have an opportunity to check it. For example, if congress passed a law allowing flag burnings as a form of freedom of speech, the president may feel that it really is not respectful to the nation and he will veto it. If the judicial branch then says that it is still a form of free speech, which is allowed under the first amendment, and that preventing free speech is against the constitution, they can then veto the vote. Once the judges say it is unconstitutional it stays. (Newman 11, vol. 1) (Newman 10, vol. 1)
Separation of powers and checks & balances are both essential to prevent a totalitarian form of government which may eventually lead to a monarchy. They help greatly to support what this country represents, freedom. If the people feel that some of the old laws are no good anymore, through this system of checks and balances, they are able to try and have them amended. As I write, without separation of powers and checks & balances, this country might not be as we know it today.
Note from writer:
It is so difficult to form a government that not more than 200 years later became the strongest in the world. Yes it was, and I see and am in awe at how our “founding fathers” were able to form the perfect government in less then 20 years.
