When the leaders of the newly formed United States of America were devising the plan for the governmental powers that came to be known as the Constitution of the United States of America, the concepts of absolute powers and tyrant governments were still fresh in their minds. However, the need for a uniformed and strong federal government was very apparent as the nation underwent growing pains. Several plans were presented in an effort to determine the best way to strengthen the national government without fostering the potential for too much control for any individual or government body.
The process of creating numerous drafts led to the decision to separate the powers of the government into three distinct branches, the executive, judicial, and legislative branches, and to allow each of these branches to monitor the other branches in a process called checks and balances. The leaders effectively used the drafts to format the Constitution of the United States of America in a manner that separated the powers and provided the guidelines for the checks and balances.
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"Separating the Powers: Looking at the United States Constitution".
The primary understanding of the separation of powers involves the need for different branches to be in charge of different areas of the government’s actions. This prevents any single branch from being in charge of all of the functions of the government. The president, or executive branch, was given the powers of “being the commander in chief of the armed forces; delivering the annual State of the Union address; making treaties and agreements with other countries; nominating diplomats, Supreme Court justices, and federal judges; making suggestions for legislation to Congress; signing or vetoing bills; pardoning lawbreakers” (Chorlian 2). The legislative branch, or “the Congress also has numerous other powers–called delegated powers–that are given to them in Article 1 Section 8 of the Constitution” (“Complete List Of Powers Given To Congress By Constitution” 6). Examples of these powers include making laws, enacting taxes, and declaring war. Just as the executive and legislative branch have specified powers, the judicial branch or “the Supreme Court may enforce and uphold laws or declare them unconstitutional, but its members are appointed by the president and must be approved by the Senate” (DeAngelis 13). By having specified powers, no branch is completely in control of the government.
The separation also allows each of the branches to check the actions of the others. For example, as the members of Congress pass a motion for a law, “the president may accept or reject (veto) laws passed by Congress” (DeAngelis 13). In the same manner, should the members of Congress agree that the veto is unconstitutional, “pass laws (even over a president’s veto, if two-thirds of the members vote to override it)” (DeAngelis 13). Finally, even if the Congress and the President agree that a law should be passed, or the veto was overridden by Congress, “the Supreme Court may enforce and uphold laws or declare them unconstitutional” (DeAngelis 13). Therefore, before any single branch of the government can create a law, all other branches must stand behind this decision or, at the very least, two branches must agree in the majority. Regardless, this creates a scenario whereas no single branch can go against the Constitution and create a tyrannic government.
There are always concerns, when giving a central government power over the masses, of tyranny or oppression. However, a central government is essential for a nation or society to function collectively. The United States Constitution provided a guideline whereas the young nation could effectively provide for the protection from and by the government. Separation of powers and checks and balances continue to allow the nation to grow and prosper without the rights and freedoms of the citizens being at risk of being violated.
