Separation of Powers - AP Government and Politics

Montesquieu wrote about how to best organize government to avoid the abuse of power. His writings are the influence to separate our government into separate branches, each with its own responsibility and power to keep the others from becoming more powerful than the others. His thinking was inflential on, and largely in line, with many early constitutional thinkers, who focused on placing systems of checks and balances within the governmental framework they set up.

While auxiliary precautions do limit governmental power, there is a better answer available. The main purpose of auxiliary precautions is to divide and separate power among government institutions. They serve as a system of checks and balances to ensure that one branch of government does not attain too much power.

As part of the checks and balances and separation of powers, the Founders, wanted war-making decision making to rest with Congress, the body that represents the people. That way, war would not be waged at the whim of an executive.

As part of the separation of powers, ultimate authority over the military was to be given to the president. That way, the military would always be subordinated to civilian authority.

Article VI of the constitution outlines that the constitution, treaties made, and laws of congress shall be the supreme law of the land. This clause ensures that state and local governments recognize the supremacy of the constitution and national law.

The House of Representatives was the only branch of the national government that had direct election of the people. All others were either appointment or indirect election. For instance, Senators were initially elected by state legislatures and the presidency remains indirect through the Electoral College.

Supreme Court Justices are the only officials that serve for life. This was based on the idea that judicial decisions should be free of political influence, therefore a justice does not fear political reprisals for making controversial decisions.

The Senate was to be the house of wisdom. Therefore, the political elites of different states would choose among themselves who had the political capacity and experience to serve in the Senate.

According to the constitution, the president has the power to negotiate treaties, but ultimately, they must be approved by the senate. Only the Supreme Court can declare laws unconstitutional and all other powers listed are reserved to the executive.

In the Supreme Court decision Marbury v. Madison of 1803, the court took the power of judicial review and the power to declare acts of congress unconstitutional.

Separation and checks and balances were created to ensure that one single branch of government, the executive, legislative, and judicial from gaining too much power over another. It prevents one person, or one group to influence government too much.

Unfortunately, the Constitution upheld the practice of slavery. One of the key ways in which this was accomplished was the mandates placed on both Congress and the individual state governments to return any captured runaway slaves to their owners; granting freedom to a slave was seen as depriving the owner of the income that the slave’s labor would provide. The Constitution was especially concerned with creating and maintaining a strong national economy, and so Congress’s various economic powers were clearly defined within the document. Among other provisions, Congress was empowered to issue and value money, to pass taxes, to regulate interstate (between two or more states) and international commerce, to govern bankruptcy proceedings, to guard copyrights and patents, and to prosecute any counterfeiters and/or pirates.

Article II of the U.S. Constitution deals with the powers of the presidency, though Article I does deal with some of the president’s powers in regards to passing legislation.

The states are typically responsible for several key categories of public policy – including morality and societal issues (such as divorce) and familial matters (including child care and child labor bans). Currently, state governments have also assumed more control over welfare distribution, matters of healthcare, educational standards, and measures to preserve the environment. Throughout the course of American history, the states have traditionally served as experimental and/or visionary developers of many policies, whose success led to their adoption by, first, other states, and then eventually, the national government itself. For example, an individual state first devised the idea of the minimum wage, while another pioneered environmental protection legislation; the national government therefore often looks to the states for salient public policy inspiration.

The president, the head of the executive branch, has power to veto any bills passed by the legislature. Neither the states nor the judicial branch are granted the power of the veto under the Constitution. The Senate is a part of the legislature and therefore does not have the power of the veto.

Under the Constitution, only the House of Representatives can start new tax bills, not the Senate. The President is unable to "raise revenue" via taxes under the Constitution. The States can levy their own taxes that affect the citizen of that state, but cannot levy federal taxes.

The president, the leader of the executive branch has the power to make foreign treaties. The states and the judicial branch have not power over foreign affairs. Although the Senate must approve treaties, the legislative branch cannot negotiate and create treaties.

According to Article 1 Section 3 of the Constitution, the Senate has the power to try all impeachments. The Supreme Court can only rule if a law is Constitutional or not, and has no power over impeachments. The US Department of Justice also has no power over impeachments. Although the House has the power to impeach government official, the Senate is the only chamber of legislature that can conduct the impeachment trials.

The judges listed in this answer all serve in the Federal Court System and are subject to the roles set forth in Article III of the Constitution. The other answers are incorrect because the President can appoint a Supreme Court justice at any time during his term of office in accordance with Article II of the Constitution. A justice who is nominated by the President must be approved by the Senate and his or her position is not temporary. A special master is appointed by a trial judge to review materials in dispute during a trial. The special master is a neutral judge with no connection to the trial. The Chief Justice of the Supreme Court presides over impeachment proceedings as part of his duties in Article III of the Constitution.