Separation of Powers

Essay by careforakiss April 2006

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The concept of separation of powers is an important basis in how our government works and runs. The definition of separation of powers is that the American Government is made up of three separate branches; legislative, executive, and judicial. The legislative branch is composed of the house and senate and they can pass all federal laws. The executive branch is composed of the President, Vice-President, and the Departments and they have power over all bills. The judicial branch is composed of the federal and Supreme Courts and they can try federal cases and interpret the laws of the nation in those cases. To make sure that these branches are equally powerful, there has to be a system of Checks and Balances.

Historically, the Constitution and the Articles of Confederation were two separate documents that both had a very important purpose. The purpose of the Articles of Confederation was to create a confederation of thirteen states.

The purpose of the Constitution was to revise the Articles of Confederation so that it would be accepted by the states. The Constitution also created justice, secured liberties, and general welfare.

One problem of the Articles of Confederation was that it didn't have a system of Checks and Balances. The Constitution used the checks and balances to restrain the power of the three branches. The three branches of checks and balances are the legislative branch which makes the laws, the judicial branch which interprets them, and the executive branch which enforces them. The federal powers of the Articles of Confederation were limited to the government, but they weren't strict for the states.

The legislative branch of the government establishes all lower federal courts, on a state and county level. It can override a presidential veto, and can also impeach a president. The executive...