Separation Of Powers Research Paper

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The founders of America created a system of government where powers would be separated into different branches, so that no one person or institution could have absolute or undivided power. This system would allow three branches to make, interpret and carry out the law. The idea behind separation of powers is to maintain rule of law. The founding fathers believed that if these powers were given to a single entity, tyranny would be a very possible outcome.
The legislative, or lawmaking branch is Congress. Article I of the constitution explains how it would be set up, and the kinds of laws it has the power to pass. The executive branch, headed by the president, is described in article II. The president has many duties and responsibilities, including
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The president can negotiate treaties, but the senate must consent to them before they are ratified. The people, from whom government gets all of its powers, retain checks on government through frequent elections, and the ability to propose amendments to the constitution through their elected representatives. Some assert that all three branches are equal, but that is not the way the founder generation understood the separation of powers, nor the way the constitution describes them. Congress, because it represents the people, is the most powerful branch. Article I establishing the legislative branch is far longer than the articles establishing the other two. the specific powers of congress are listed, while the necessary and proper clause grants the power to make all laws necessary and proper to carry out the listed ones. In addition, the necessary and proper clause grants congress the power not only to make laws to carry out its own powers, but also all other powers vested by this constitution in the government of the United States or in any department or office thereof. Congress can regulate all three branches of government. Congress has more power because the founders believed that an institution made up of the collective wisdom of the people, and the representatives of the many states, would make the best decisions about things that would affect the entire

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