The additional guard against tyranny was Separation of Powers which means the government was separated into different branches. The Constitution states that the Separation of powers was legislative, executive and judicial branches. Separation of power can defend against tyranny simply because there are 3 powers, not one; which does not make America have an absolute power. The third guard against tyranny was Checks and Balances, which were the balances in the 3 branches of power. In the constitution, there is a diagram stating which branch has power for each other.
They were influenced by the writings of the french political philosopher Montesquieu. In his book ‘The Spirit Of The Laws’ Montesquieu argued for a separation of powers into legislative, executive and judicial branches of government in order to avoid tyranny. ‘When the legislative and executive powers are united in the same person…there can be no liberty’ wrote Montesquieu. The Founding Fathers implemented this, through the president, Congress and the US Court System with a Supreme Court which holds ultimate judicial power. The separation of powers was designed to limit government, as each branch would carry out different functions of government this meant no single branch has total control in order to form a dictatorship.
The guard of federalism is shown one way in the Constitution when they set up the compound government to make sure that the federal government doesn’t get too much power. The second way is when some responsibilities are given to the state government so that they can share the power equally. Federalism protects against tyranny because it ensures that the federal government doesn’t have too much to say in what happens in the country so that they don’t become too powerful and create tyranny. The second guard against tyranny was the separation of powers which means that the government is separated into separate branches so that they can spread out the power so that one branch of the government can have more pull in what happen in the decisions made
In other to discourage monarchy and reinforce the American idea, our founding fathers came up with the three branches of government where they would each have certain role to fulfill, share power which will allow them to oversee each other. This will help each branch to keep a watchful eye on the other two branches so that each branch would comply with the constitution so as not to usurp power and turn in to monarchy. These branches include the Legislative branch, the Executive branch and the Judicial
In the Articles of Confederation, the congress wanted to make voting on a state-by-state basis and proportional state taxes based only on land values. When it came to the decision as to what to do with the western lands, it was undetermined what actions to take. When the Congress sent out a copy of the Articles of Confederation for each state to review, they found it was not flawless but decided it was better to have a flawed plan rather than no formal national government. States such as New Jersey, Maryland, and Delaware refused to agree to the Articles until the other larger states “relinquished their western land claims.”(U.S. Department of State Office of the Historian, n.d.). Finally, New Jersey and Delaware signed off on the Articles and Maryland followed reluctantly after a British invasion on their land and New Jersey agreed to let go of their western land claims.
This is essential for our government to maintain a balance between the three branches without overreach by one over another. Montesquieu said, “To prevent the abuse of power, ’tis necessary that by the very disposition of things power should be a check to power,”(200) he also went on to say, “These three powers should naturally form a state of repose or inaction”(211). Each branch has a certain limited power over the other whether it be the president vetoing legislation, legislators impeaching the president or supreme court justices, or the Supreme Court finding legislation or executive action unconstitutional and/or not in the public’s best interest. It is argued that the judicial branch has no real power, seeing that it has no real enforcement or any legislative capabilities, but its sway is held through recognition and respect. In order to limit the power of congress it is divided into an upper and lower house.
The purpose underlying the separation doctrine is to diffuse governmental authority so as to prevent absolutism and guard against tyrannical and arbitrary powers of the state, and to allocate each function to the institution best suited to discharge it. The rationale u deploying the doctrine has been that if all power is concentrated in one and the same organ, there would arise the danger of state absolutism endangering the freedoms of the people. The doctrine of separation of powers forms the basis of the American constitution structure. Articles I, II and III which delegate and separate powers exemplify ten concept of separation of powers. Art.
Thus meaning congress may not create power but must follow its own laws given to it by its people. Another principle is separation of powers as stated earlier the US government is divided into three branches so that no one branch has all the power. Each branch has its own purpose: to make the laws, execute the laws and to interpret the
In agreement, I believe all shall follow for strictly guidelines and restrictions, not to be precise within each Amendment, not one should uphold detail. The unwritten Constitution refers to traditions that have become part of our political system. Although George Washington warned us against Political Parties, they nominate candidates for office. Political Parties are not written into The Constitution, yet the people of the United States are left to vote and decide who the winner of the elections will be, and who will take the position as the next President of the United States. Yet, another reason why we, as a nation, alter the Constitution in our own ways, still allowing each part as an indication of mandate.
In essence, Montesquieu states that the three organs of government, the executive, legislature and judiciary should each have a discrete and defined area of power and that there should be a clear demarcation of functions between them. His quest was to find the best way of attaining civil liberties for the individual. He argued that if all the powers of the state were placed in one person or one organ, there will be dictatorship and this would result in abuse of civil liberties. Montesquieu started from a rather gloomy view of human nature, in which he saw man as exhibiting a general tendency towards evil, a tendency that manifests itself in selfishness, pride, envy, and the seeking after power. He argued that, although man is a reasoning animal, he is led by his desires into immoderate acts.