Question

Two principles fundamental to the U.S. system of government are the separation of powers and checks and balances. Please define each concept. Next, I would like you to give me a concrete example of the separate powers of each branch of government. Finally, I would like you to give me a concrete example of how each branch of government checks each of the other branches of government. Please be specific.

Answer 1

The term "Separation of Powers" was introduced by Baron de Montesquieu in the late 18th century. The idea behind the Separation of Powers was to provide a transparent and fair government by dividing the powers between diffterent branches..The idea was originated from his study of the government of Ancient Rome, where the government was divided into three brances :monarchy, aristocracy and democracy. By taking inspiration from Rome government, the framers of US government decided to separate the powers into branches ,where each branch has independent and separate powers. The framework ensures that no branch is more powerful than the other and all of them are equally powerful. The system divides the government into three branches : the Legislative Branch, the Executive Branch and Judicial Branch.

The Article 1 of the US government , defines the Legislative Branch, which consists of Congress. The Congress is responsible for the creation of laws. The other responsibilities of Legislative Branch are declaration of war, levy taxes,approve Presidential appointments,regulate Supreme Court jurisdiction and impeach President and judges.

The Article 2 of the US government defines the Executive Branch, which consists of the President.The laws created by the Legislative Branch is approved and carried out by the President.The other powers of the Executive Branch includes Veto legislation, Command armed forces,Conduct foreign affairs and negotiate treaties and Judges, Ambassadors and department heads.

The Article 3 of US government, defines the Judicial Branch which consists of the United States Supreme Court.The laws passed by the Legislative Branch are interpreted by the Judicial Branch.The other powers of Judicial Branch are :Preside over impeachment trails,hear cases on federal law,declare laws unconstitutional and declare Presidential acts unconstitutional.

An example for the separation of powers is, the executive branch commands the military, but only the Legislative branch can declare war and makes fund available to provision the army.So both the Executive branch and Legislative branch must work together. Eventhough the branches are independent, all the branches have same power.

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The US government system also specifies a way by which a branch has the power to check or stop the actions of other two branches.The Checks and Balances prevents each branch from overstepping the bounds .If any branch oversteps the bounds, the other branches can control it , preventing it from being more powerful.This concept allow the branches to ensure that all the brances of US government are equally powerfull.

Some examples are:

1. Once Congress (Legislative) has passed a bill, the President(Executive) has the power to veto the bill.The Congress can overide the Presidential veto by two third vote of both houses.

2. The Supreme Court(Judiciary) can declare the laws passed by the Legislative or presidential action unconstitutional..

3. Congress(Legislative) can impeach both executive members and judiial members.