Chapter 1- The Constiution

Slide 1

Separation of powers;

• The constitution drawn up at the Philadelphia Convention divided the national Gov. into 3 branches based n the doctrine of separation of powers:
• A theory of government whereby political power is distributed among 3 branches of government- the legislature, the executive and the judiciary- acting both independently and interdependently. It's the institutions of government that are separate while the powers are shared through an elaborate series of checks and balances.
• This was put into place by the Founding Fathers because of fear of tyranny- separation avoids tyranny because when the legislative and executive powers are united in the same person then there can be no liberty (MONTESQUIEU).
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• Legenda: Legislative; makes the law. Executive; carries out the laws (President, vice-president, EXOP, Cabinet, executive departments). Judiciary; enforces the laws interprets the laws. (Supreme Court+ Appeal/trial courts).

Slide 3

• Founding fathers wanted the 3 independent but able to co-check. They wanted limited government whereby Gov. would do only what was essential, leaving citizens fundamental rights and freedoms untouched.
• Limited gov. is a principle that the size and scope of the federal government should be limited to what's necessary only for the common good of the people.
• So, the 3 branches were to be separate in terms of personnel. e.g. Obama in 2008 had to resign from Senate. Institutions are separate but powers aren't (all doing the same thing- making sure of the peoples powers). This is what the checks and balances are for- founding fathers made sure each branch of the fed.gov. checks the other two.
• Checks and balances: exercised by each branch of the federal government- the legislature, the executive and the judiciary.
• A system a government in which each branch- exercises control over the actions of other branches of government.
• Checks by the executive on the legislature;