Branches of Government Paper

Introduction

In 1787, the delegates from the newly formed colonies met to revise the Articles of Confederation that proved inadequate for a peacetime government. Instead of rewriting the Articles, the delegates formed a new document - the Constitution of the United States. Afraid of a strong federal government, and wanting to protect citizen's individual rights, states' rights, and balancing the powers of government, the founders of the Constitution formed a bicameral government based on a system of checks and balances and included three branches of government; the executive, judicial, and legislative branch. Although this system is not perfect, these safeguards are put in place to protect the integrity of the original ideals on which this country was founded.

Division of Government

In 1787 when our forefathers wrote the U.S. Constitution, they developed a system that divided the government into three branches: legislative, judicial, and executive. The sole reason: checks and balances. Each branch has the power to check the other branches; allowing equal power throughout. This ensures that one branch is not more powerful than the others. By dividing the power between branches, the framers would be taking a different approach toward democracy than other countries throughout the world. While, Democratic governments already existed; the new U.S. government allowed people to have inalienable rights, states governed themselves within certain guidelines and the federal government was capable of governing the states and the nation.

The liberties of the country's people is the main reason the framers formed our government the way it is today. They wanted a government in which our liberties would not be vulnerable. To form a successful government, our forefathers used the principles of Thomas Hobbes and John Locke. "Thomas Hobbes created the idea of social contract; where individuals gave up certain rights or freedoms in order for the protection that a single ruler of a state could offer" (Why Three Branches of Government, 2011). John Locke would later add that individuals were entitled to their inalienable rights and these individuals acquire social contracts to be governed to guard absolute rights.

Following Hobbes and Locke's principles; our forefathers believed that forming a government based on separation of power was the only way to provide and protect individuals' absolute rights. Our forefathers also followed the idea of separation of powers proposed by Baron DeMontesquieu. DeMontesquieu stated that separation was important "so that no one single entity could come into power and ignore the liberties of the people. Separation of power would also provide check and balances where the branches of government may check one another's powers and equilibrium with their own" (Patterson, 2008). Therefore, our forefathers formed the executive, legislative, and judicial branches of government to prevent a power from ruling.

Obstacles to Division of Government

A government that is bicameral has two houses of Congress, usually regarded as an upper house and a lower house. The writers of the Constitution gave equal powers to both houses of Congress, thus, creating a strong bicameral government. "Although both chambers must approve legislation, only the House of Representatives can initiate spending bills, while the Senate alone confirms presidential appointments, presides over presidential impeachment proceedings and ratifies international treaties" (NDI, n.d.). This division of power was established because the founders of the United States were wary of a strong and centralized federal government and wanted a system of checks and balances a system of tyranny never ensued.

However, there are several obstacles that arise from the division of power. Elected officials in each house are elected on different years, both houses adopted a different set of rules in which they operate from, and as mentioned above, the two houses have different responsibilities. According to some historians, and website blogs, "the requirement that both bodies agree slows the pace of government's ability to act on legislation and often blocks laws in one house or the other" Jean, T 2011).

Depending on the legislature and how many representatives and senators are in support of the bill, it could take many months to years to get the bill through Congress and to the president. In the Senate, 60 votes are required to approve legislature. Very often the House of Representatives will pass a bill different from the Senate's bill so committees are formed to come to a compromise. When a congress is the same political majority as the President, he can use his influence to sway members of his party to pass legislation he is in favor of. However, conversely, a weak president, one whose party does not have control of congress has no influence and cannot hurry legislation.

Conflicts between Federal Government and States' Rights

The Tenth Amendment to the United States' Constitution relates that "The powers not delegate to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (Columbia, 2001). This Amendment alone has two very different interpretations: The States' Rights and the Rights of the Federal Government. Those who are advocates of the Federal Government in the early days of the nation chose a broad interpretation of the Amendment. It was believed that a strong central government's authority was derived from the implied and expressed power of the Constitution (Columbia, 2001). Those who were advocates of the State's Rights interpreted the Amendment to say that the authority not expressly written in the Constitution to