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Home»Fundamentals Of Conservatism»The Separation of Powers Prevents One Person or Group From Stripping You of Constitutional Rights
Fundamentals Of Conservatism

The Separation of Powers Prevents One Person or Group From Stripping You of Constitutional Rights

Don PurdumBy Don PurdumAugust 24, 2022Updated:September 2, 2022No Comments3 Mins Read
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Today, America is at a crossroads. More than ever, it seems, the executive branch under the president is seizing more and more control and power over the government. Through executive orders, president’s have circumvented Congress when lawmakers don’t get on board with their agenda. Do you remember President Barack Obama’s famous statement when he declared he had a pen and intended to use it?

In 1783, the Revolutionary war ended after eight grueling years. For nearly three decades, King George III and the parliament enacted what the colonists felt were harsh and arbitrary laws targeting them. The Stamp Act, The Townshend Acts, the Sugar Act, and the Tea Act helped fuel the fire that led to the beginning of the war.

These moves by the British parliament were labeled “The Intolerable Acts.” For nearly a century, England left the colonies alone. “The French and Indian War,” also known as the “Seven Years War,” was the catalyst. The empire needed to recoup its investment in America after it spent massive amounts of money protecting its colonies. While it may seem reasonable, their taxes weren’t seen as such in America. Complicating the matter, colonial leaders pleaded with England to allow representation in parliament under the law. Yet, the British did not afford them that right.

Resentment, bitterness, and anger led to the Boston Massacre and the Boston Tea Party, prompting King George III to send troops to America to squash the rebellion. Separation was but inevitable, and you know the rest of the story.

So, why is this important? In 1787, Congress ratified the US Constitution. It created numerous layers of checks and balances through the separation of powers. It’s important to understand each state was a sovereign entity formally working together for defense and international diplomacy (today, the states are still sovereign entities per their own Constitutions). They refused to build a system enabling a single person or group to seize control of the government and create another monarchy.

In Federalist 51, James Madison (the primary writer of the Constitution) wrote,

“The accumulation of all powers, legislative, executive and judicia[l] 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.”

So, how does it work:

  • Congress writes the laws and holds the power of the purse
  • The executive branch enforces the laws
  • The Supreme Court ensures neither violates the Constitution nor the separation of powers

The system of checks and balances between each branch of the federal government ensures one cannot infringe upon the other’s responsibilities.

The founding fathers knew many people crave power through ambition. A lust for influence and authority is deep within human nature. Madison felt that would be good for public policy. He believed ambition would counteract ambition and, in doing so, would ensure government didn’t grow out of control.

So, Congress is not dependent on the presidency or the courts for its authority. As such, members would staunchly guard their power against encroachments by the other branches and vice versa.

Madison said it like this, “first enabl[ing] the government to control the governed…and in the next place, obling[ing] it to control itself” (James Madison, Federalist No. 51, 1788).

So, the next time you head to the ballot box, remember — you are the ultimate check and balance. When lawmakers or a president violate the separation of powers, voters have the right, even a duty, to hold elected officials accountable for their actions.

Don Purdum, Political Analyst

Copyright 2022, ConservativeEra.com

 

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