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Q: Evaluate how separation of powers/checks/balances are working out in practice,today,justifying your assessment persuasive reasoning and examples
A: The Constitution, however, also implies many overlapping powers, which each of the branches have claimed. Presidents have asserted the right to make foreign policy exclusively, without consulting Congress. [ Congress has attempted to “micromanage” the executive branch by enacting legislation that specifically defines how these laws must be administered. The courts have been accused of
“legislating” by actively interpreting legislation in ways that Congress had not intended. Even so, the separation of powers among the three branches of the federal government is the fundamental constitutional means for achieving limited government and protecting the people against abuses of power. Limited government means that officials cannot act arbitrarily. Rather, they are bound by the higher law of the Constitution, which guides and limits their use of power in order to protect the liberties of the people and prevent tyranny. James Madison summarized this view of the need for separation of powers in The Federalist No. 47: - “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 elected, may justly be pronounced the very definition of tyranny.” Read more: ]
Expert answered|selymi|Points 9236|
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Asked 11/5/2012 3:35:52 AM
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