Welcome back! Today we examine three key functions of the separation of powers principle in preserving Americans’ liberty:
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Protecting individual liberty from tyranny
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Creating an accountable, representative government
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Reining in government power through a system of checks and balances
The Separation of powers protects individual liberty against tyranny
The separation of powers works to protect American citizens’ individual liberties by preventing the concentration of government power in a single branch. By contrast, allowing any single government entity to exercise legislative, judicial, and executive functions can result in tyranny by unaccountable government actors. James Madison cautioned against the accumulation of power in a single government actor in Federalist 47, arguing, "The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
Thus, the system of separation of powers designed by the Framers aimed to disperse government authority and institute a system of checks and balances to prevent any single branch from wielding too much power.
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Separation of powers allows for accountable, representative government
The separation of powers was designed to create a government accountable to its citizens through their participation in representative government. The Founding Fathers were influenced by the representative governments of the Ancient Greeks and Romans as well as the political philosophy of Enlightenment thinkers, such as Montesquieu, Locke, and Blackstone. James Madison argued in Federalist 51 that, “A dependence on the people is, no doubt, the primary control on the government.”
Representative government in the United States takes different forms according to each branch:
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Members of the Senate and House of Representatives are directly elected by the public.
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The president is elected by the members of the Electoral College, who are selected through procedures put forth by the elected members of the state legislatures. Depending on the state, Electoral College members cast their votes according to a winner-take-all system or a proportional system that reflects the popular vote in each state.
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Federal judges, though not directly elected by the people, are appointed by the president with the advice and consent of the elected members of the U.S. Senate.
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Checks and balances
The separation of powers in the United States is sometimes referred to as a system of checks and balances because the Constitution provides each branch with certain powers over the other two branches. The ability of the branches to check the authority of the others safeguards the separation of powers and prevents any single branch from accumulating too much authority.
What does the system of checks and balances look like in practice?
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The president can check Congress by vetoing legislation to prevent laws from being enacted.
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Congress can check the president by overriding a presidential veto with a two-thirds vote of both the House and Senate. Congress can also impeach the president and federal judges for treason, bribery, or other high crimes and misdemeanors.
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The United States Supreme Court can check the legislative and executive branches by declaring a law unconstitutional.
What's Next?
Installment 3 will examine the roots of the separation of powers from Enlightenment thinkers to the Founding Fathers. Questions? Concerns? Respond to this email and we’ll be happy to help!
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