Separation of Powers – an Overview, Essay Example

One of the precepts of the United States Constitution is asserting the separation of the three powers of the State, which are the legislative, executive and judicial branches of the State authority. This separation means that each branch has its own separate authority and responsibilities. This separation is put into place to ensure that each branch serves it purpose without overstepping the boundaries of the other. This is the way checks and balances in the political authority arena are achieved (NCSL n.d.). The purpose of the checks and balances is to ensure effectiveness and efficiency in government.

Structure of the Powers

The U.S. Constitution, in Article I, mandated qualifications and methods for the selection of representatives and senators in the House and Senate. As well, Article I served to enumerate powers for making specific regulations and making certain decisions, such as declaring war. In addition, Article II mandates that the president of the United States has the authority to execute laws. Additionally, Article II of the Constitution mandates the president’s term to be only four years and outlines the qualifications for the president’s office, which includes stipulating the president’s position as “commander-in-chief of the armed forces, negotiator of foreign treaties, and appointer of ambassadors, judges (American Government 2008), as well as other U.S. officers. Article III gives the Supreme Court its authority and allows judges to sit on the Supreme Court for life. Article IV divides national and state government powers, which means these two entities are charged with their own separate authorities. Article V of the U.S. Constitution mandates provisions that the Constitution can be amended (American Government 2008).

Separation of Powers

Law enactment and State appropriations are the main roles that the legislative branch plays in the government. The executive branch takes public policy enacted by the legislative branch and implements it. The judicial branch interprets constitutional laws and serves as a liaison when controversies arise in government (NCSL n.d.). This separation of duties ensures the separation of the powers, to initiate proper checks and balances.

Checks and Balances

According to NCSL (n.d.), the system of checks and balances in place within the U.S. government includes each branch checking on the other two branches. This means that the system is set up to where not one branch can completely take things over and run with them. For instance, this is why it takes the majority votes of both the House and the Senate to pass a Bill into law. Another example is the Supreme Court can rule a law vetoed by the president unconstitutional. In addition, the president can nominate a judge to the Supreme Court; however, the Senate can vote against it. As well, the president can be impeached by Congress (American Government 2008). It is a system of cycles that serve as a balance to keep the government efficient and not too biased in one direction or the other.

Conclusion

Checks and balances in the government are necessary for the smooth operation of the government, and the Constitution provides the system checks and balances to facilitate the separation of powers within the government. The founders of the Constitution put this system in place so that each branch could hold the other accountable for maintaining its responsibilities to country and to the American people.

References

American Government. Creating the Constitution. 2008. http://www.ushistory.org/gov/2c.asp (accessed March 27, 2014).

NCSL. Separation of Powers – An Overview. n.d. http://www.ncsl.org/research/about-state-legislatures/separation-of-powers-an-overview.aspx (accessed March 27, 2014).