HIS 303 The American Constitution
June 3, 2013
The Constitution of the United States was established by our forefathers of our country. They sought to establish a form of government that would never allow a tyrant ruler to hold power over the people. The separation of powers provides a system of shared power of a check and balance system.
In this paper, I will explain in detail the separation of powers provided to us by the Constitution of the United States. I will also explain each of the three branches of powers and limitation and why know one power can gain enough power to become superior over another. Lastly, I will examine a few cases provided by the Supreme Court related to executive power.
The Separation of Powers were devised by the Framers of the Constitution was designed to do one primary thing; that was to prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as checks and balances.
Three branches were created in the Constitution; the first, Article I of the Constitution states: “All Legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”. Article II, Section I states: “The Executive power shall be vested in a President of the United States of America”; and Article III, Section I states: “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Separation of powers prevents concentration of power and provides each branch with weapons to fight off encroachment by the other two branches. As James Madison argued in The Federalist Papers (No.51), “Ambition must be made to counteract ambition”, each branch therefore has a role in the...