They refused for that to happen because that’s the reason why they began the new world journey, they wanted something different from Great Britain. That is why the government was divided into three branches of government: the Legislative, the Executive and the Judicial Branch. The Legislative Branch is headed by Congress which is made up of two houses of: the Senate and the House of Representatives. Legislative Powers includes passing laws. The House of Representatives originates and spends bills.
Article 3 is the judicial part or Supreme Court. By dividing the government into three, that separates the power. Each part has the power to do specific things. For example, Congress makes laws, President passes them, and the Supreme Court can declare laws unconstitutional. If the power wasn’t divided then there would only be the government; no President, Congress, or Supreme Court.
The principle was adopted by the Founding Fathers due to their fear of totalitarianism. Montesquieu argued for separation of powers in his book L’Esprit de Lois, where he stated that separation of powers will avoid tyranny ‘When the legislative and executive powers are united in the same person…there can be no liberty.’ On the contrary to the US, the UK’s powers are fused; the Prime Minister is both the executive and part of the legislature. In the US system there is also a separation of personnel, this means that no person can be a member of more than one branch at the same time. When Senator Al Gore was elected vice-president in 1992, he had to resign from the Senate. Similarly, in 2008, Barack Obama too had to resign from the Senate.
The separation of powers is the separation of the legislative, executive and judicial functions of governments. In the US the separation is reached by extensive checks and balances. The most significant operation in the separation of personnel meaning that no member can be part of more than branch which differs from the UK where for example the Prime Minister is part of the executive and the legislative branch. It helps the system in a way that the separation of powers is a safeguard against tyranny as no individual or group is able to dominate the political system through control of more than one branch. It also means that members of Congress are not elected on a joint mandate as members of a prospective government, as would be the case in a parliamentary system, but to represent the interests of their districts and states, and on a separate mandate from the president.
James madison said "hence a double security arises to the rights of people the different government's will each control each other ,and at the same time each will be controlled by themselves" which simply states that Federalism prevented tyranny by dividing the power between the nation and the state. With no one power having control over the other tyranny was prevented ,once delegates decided that Federalism would be the base of our government they went to work and decided that a separation of powers was the next step. ("Wikianswers.com") In the beginning stages of fixing this issue it was said that "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." (James Madison)("Wikianswers.com"), which in a nutshell means that to much power can not be placed in the hands of an individual or a group because either way it's tyranny. In oder to prevent this separation of powers was brought into play with a set of checks and balances that prevented the legislative, executive, and judiciary each power over the other.
This prevented the King from creating selfish laws as he pleased. In this aspect the Magna Carta is similar to the U.S. Constitution, but our constitution consists of 3 branches, instead of 2. Another example of this is the way taxes are levied. The Magna Carta says that taxes cannot be changed unless done so by the Parliament. While we do not have a parliamentary system of government, our body of government that levies taxes is Congress.
Article I of the Constitution addresses the legislative branch of our United States government. In addition it explains how the House of Representatives and the Senate shall be elected, the terms of their elections and it also grants the legislative branch the power of the purse. In section 8 of article I it states, “ To constitute Tribunals inferior to the Supreme Court;” which allows congress to determine all of the lower courts of our Federal and state governments. Article I has great detail as to how the legislative branch should be created, followed etc., yet it says nothing about the Supreme Court, the third branch of our government and this might be one of the ways our founders limited the three branches from intersecting one another.
They created branches so they can all have control. Another way of creating equal power is a system of checks and balances. The three branches of government each have a way to limit the others powers. The President can check the Legislative Branch by vetoing a law. This means the President can reject a law.
When the powers given to the national government are sharply divided from those of the states, the system is labeled ___________. a. dual federalism b. cooperative federalism c. creative federalism d. devolution e. sovereignty 5. The United States was born through the fusing of independent states—states that would never have agreed to a merger if giving up their independence had been part of the deal. __________ was a compromise. a.
The Congress is the official name and has its powers well elucidates in Article 1 Section 8 of the Constitution. It has amongst other things, powers to collect taxes, regulate money value, set penalties in the case of counterfeiting, set up with inferior courts to the Supreme Court (federal courts), declare war, make laws that are necessary for the execution of its powers etc. The tasks are numerous, but are limited by the constitution especially concerning how the powers are to be executed. Both the House of Representatives and the Senate have different roles to play within the government, a fact that ensures that there are no overlapping responsibilities (Bardes,