The US Government Division: Legislative, Judicial and Executive Power

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Table of Contents

Introduction
Reasons for Government Division
How the Three Branches Benefit
Obstacles the Division of Power
Federal against States Government
Conclusion
References

Introduction

The US Constitution is an integration of initiatives emanating from diverse sources. Thus, it is the synergistic endeavor from indigenous persons, and settlers, who were intolerant towards afflictions, but accommodative towards principles that were mutually binding. The Constitution is a superlative US decree since it offers the basis for administration.

It is crucial to note that Benjamin Franklin and Thomas Jefferson constitute three grand minds that drew the agreement (Leebrick, 2002). Consequently, Gouverneur Morris set the entire convention’s declarations and verdicts into final form. Nevertheless, it was the cooperative effort of delegates from the thirteen protectorates that enhanced success. The designers separated the government into legislative, judicial, as well as executive, which is the presidential wing.

Reasons for Government Division

The ancestors ensured harmony within the administration by creating three arms of the government, legislative, judicial, and executive. The chief reason was to ensure regulations, since the diverse branches have the power to check one another.

Ideally, each branch has specified quantity of checks it can use to tame other branches from overstepping. For instance, the president can veto legislation; on the other hand, the Supreme Court may pronounce acts congress unconstitutional. Moreover, the senate must approve treaties, as well as presidential selections. This ensures equilibrium in management of the country affairs, where none is on the top, but operating on the same plane (Patterson, 2008).

Even though, autonomous governments were present, the ancestors wanted a unique government from others. This prompted them to use the proposal of constitutionalism and federalism, which allows states to administer themselves; however, the nationwide government, has the power to rule both states and national divisions.

Another reason that led to the division of the government was to restore the liberties of the people. This prompted them to use the values articulated by the philosophers like Hobbes and Locke. Some of their philosophical ideas outlines that citizens should give up some privileges or ideologies to guarantee fortification of a solitary leader of a state. Locke added that the idea warrants every person his/her absolute rights.

Furthermore, governing people grant them societal contracts thus safeguarding their total civil liberties. The ancestors thus deemed that structuring a government found on the division of authorities, as well as checks and balances, was the only way of ensuring civil liberty. They then separated the government into trio, legislative, presidential, and judicial to thwart a solitary authority from taking the ruling.

Magna Carta and Mayflower Compact form another basis for the division of the government. The Magna is an ancient charter outlining that it is impractical for the king to execute beyond the law. It further empowers the populace to petition to such rules if they go beyond the law. Then again, the Mayflower Compact became the primary, overriding manuscript of the Plymouth protectorate that granted settlers the liberties to self govern (Schmidt et al, 2008). All these inspired the ancestors to subdivide the government.

How the Three Branches Benefit

It is certain that the three branches benefit from the division of administration. This division guarantees that each stem operates within its boundaries, thus limiting confusion and clash for power.

It thus offers a clear interface among the branches. Article I of the Constitution grants lawmaking supremacy to the legislative branch, which encompasses the two houses of congress. Article II sanctions the head to assent the congressional acts that he endorses and veto the rest, thus permitting the executive wing to manipulate the general policy, as well as building it.

On the other hand, article III allots federal judicial muscle to the US Supreme Court and other lesser central courts that Congress may institute (LII, n d). It is imperative to affirm that the fore fathers created the three branches to ensure separation of powers, as well as smooth running of federal affairs. Three divisions ensure that no single branch has the entire authority. Each branch has its own purpose. These include formulating the law, implementing the laws, and deducing the laws, hence clear line of duties.

Obstacles the Division of Power

Even though, the system has a lot of success, it presents some obstacles, especially during enactment of crucial legislations. This leads to the point of interaction where all the stems possess equivalent powers. The legislative wing that has powers to draft laws may receive an opposing view from the two divisions. The judicial wing may interpret the bylaws and further proclaim them unconstitutional. Furthermore, the head can also interpret and consequently veto such laws if found unauthorized.

Federal against States Government

Initially, the nationwide administration did not have resources, as opposed to the states thus prompting the predecessors to form federalism (Leebrick, 2002). Proponents of states dreaded that the sturdy general government would jostle states. However, the proposers of the federalism also realized that some acts outlined that the constitution was developed for the states but not for the people, which led to controversy. This led to bestowing local authorities to the states and nationwide powers to the countrywide government.

State- centered proponents also believed that a federal administration would not dish up their interest, as well as snooping with their interior affairs. Nowadays, the conflict is no longer prevalent, and states work collaboratively with the federal. The wellbeing plan, Great Society Program, portrays that the national administration has immense authorities over regulations. Still, devolution is operational where the federal administration trickles down its authorities to the states (Patterson, 2008).

Conclusion

These wise men wrote the constitution to distinguish America from the European nations. They, in deed, tried to fix most of the legal problems, though some provisions need lucidity. Nevertheless, the creation of there branches of the government inculcated inspiration and success of United States.

References

Leebrick, K. (2002). The United States Constitution. Minnesota, MN: Capstone Press.

Legal Information Center (LII). (n.d). United States Constitution. Web.

Patterson, T. E. (2008). The American Democracy, 9^th ed. New York, NY: Harvard University Press.

Schmidt, S. Shelley, M. & Bardes, B. (2008). American Government and Politics Today 2008-2009. Ohio, OH: Cengage Learning.

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