Separation of powers

Separation of Powers

Name

Date INTRODUCTION

In 1786 , Thomas Jefferson wrote to John Adams "The first principle of a good government is certainly a distribution of its powers into executive , judiciary , and legislative , and a subdivision of the latter into two or three branches " In this statement , Jefferson is referring to the technique of horizontal distribution of powers , or the separation of powers into three branches within the government , outlined in the Constitution of the United States of America . This feature , along with a vertical division of powers also

known as federalism , and a system of checks and balances between the horizontal powers , are integral parts of the modus operandi of the United States government

Such features are implemented for two major reasons . The first reason that a separation of powers is used in a government is to prevent the corruption of the democracy by inhibiting a single power from gaining excessive power and becoming dictatorial . The second reason for a separation of powers is that a government with separation of powers is more constrained , making it less likely to become tyrannical and more likely to operate within the law

Since the government is more constrained , an implication of a separation of powers and checks and balances in the United States is that they diminish the efficacy and efficiency of the government because they increase the possibility of governmental paralysis . That is , if there is a disagreement on the fundamental objectives of the government the entire operation of government could theoretically stall

Because of the implications involved with separation of powers , there are some "innovations " that the branches of the United States government use in to become less interdependent on each other and re-balance the powers in their favor . An example of such an innovation is the power of judicial review , which has been stretched to absurd proportions and has essentially given the judiciary the power to unofficially change the law . Another example of such an innovation is the President 's ability to issue executive s on particular issues , which supercede congressional consent and have the same effect as laws

This essay will examine the reasons and origin of the doctrine of separation of powers in the United States , the implications of a such a system , changes and innovations that have been made to the system over the years , and the implications of those changes to the system Furthermore , the essay will detail the implications that the doctrine of separation of powers has had on citizens and their rights in the United States

SEPARATION OF POWERS IN THE UNITED STATES

The first three articles of the Constitution of the United States of America outline the powers of the three branches of government : the legislative , the executive , and the judiciary respectively . The reason for the separation of powers was exclusively to diminish the arbitrary power of unchecked rulers . However , another reason behind the use of separation of powers is the belief that under a separation of powers , a government is...