Separation of Powers

Analyze how the U.S. Constitution implements separation of powers and checks and balances.

Philosophers believed that a successful republic would be achieved only by dividing power among a sovereign, a legislature, and the aristocracy. The founders of the country designed the government so that domination could be avoided. The system of checks and balances ensures that no one branch is too influential. "For example, if Congress overreaches, it may be checked by a presidential veto. If both Congress and the president overreach, they can be checked by the Supreme Court" (John, 2011). This way the government is only able to act upon agreement of all the branches, and it keeps down confusion.

Briefly explain why the constitutional framers based the new government on these ideas.

The Framers of the Constitution were influenced by both liberal and republican beliefs. The Framers main purpose in creating this government was to protect their own basic rights. They wanted to be left alone. Therefore, "the Framers assumed power to be a finite commodity, and they believed it needed to be divided among these separate but equal institutions" (Levin-Waldman, 2012).

Evaluate how separation of powers and checks and balances are working out in practice, today, justifying your assessment with persuasive reasoning and examples.

Separation of powers and checks and balances are working out in practice, for example, when President Nixon was impeached. President Nixon was thought to have been a part of a cover-up of a break-in that happened in 1972. "Presidential Counsel John Dean testified there was an ongoing White House cover-up and that Nixon had been personally involved in the payment of hush money to the five burglars and two other operatives involved in planning the Watergate break-in" (Gavin, 1996). In 1974 the House Judiciary Committee approved the impeachment, but before Nixon could be impeached, he resigned. Another example is how Congress can pass a bill but the President can veto the bill. The only way Congress can override the President is if they have a 2/3 vote in each house. These examples show that separation of powers and checks and balances are working today.

References

Gavin, P. (1996). Presidential impeachment proceedings. The History Place. Retrieved from www.historyplace.com/unitedstates/impeachments/nixon.htm

John, C. (2011). Divided we fall: The case against divided government. International Social Science Review, 86(3), 166-174. Retrieved from http://search.proquest.com/docview/921995301?accountid=32521

Levin-Waldman, O. M. (2012). American Government. San Diego, CA: Bridgepoint Education, Inc.