The Three Branches of Government

The Three Branches of Government

Americans have become accustomed to a certain way of life since their forefathers created the Constitution, and have endured many changes along the way. At critical times in its history change was unwanted, and challenged with extreme opposition that proceeded many of the historical moments in history. This team will discuss significant facts regarding America's origin of government while explaining the reasons its forefathers divided the government into the legislative, judicial, and executive branches. Team A will also provide understanding for how this benefits the three branches of government, as well as the obstacles the division of power present to enactment of important legislation. Finally, the Team will carefully examine how was the struggles between supporters of a strong federal government and champions of states' rights was distinguished then as opposed to now by providing specific issues.

Throughout history there have been many examples of how absolute power corrupts. This is the reason why our forefathers divided the government into three separate branches. The goal was to ensure that no person or group would create a monopoly. The government was divided by the drafters of the Constitution in order for the creation, implementation and adjudication of laws to be separate. Ultimately, they wanted a government where the liberty of individuals would be protected.

The way the Constitution is framed allows for each branch to check and balance the others. The Legislative Branch, where laws are created, has several powers over the executive branch. They include the ability to use a two-thirds vote to override presidential veto, the ability to impeach the president and control over the funding for executive actions. In addition, the Senate has to approve all presidential appointments and treaties. The Legislative Branch also checks the Judicial Branch with the ability to impeach judges, form the lower courts and the Senate portion of the Legislative Branch approves the appointment of Judges. The Executive Branch, which is tasked with carrying out the laws, is awarded veto power over the Legislative Branch. The Executive Branch can also recommend legislation, call special sessions of congress and the President is the power that appoints Supreme Court and other federal judges to the Judicial Branch. Finally, the Judicial Branch, which interprets the laws passed by the Legislative Branch, holds the power of judicial review whereby the courts can decide that executive or legislative actions are unconstitutional. The Executive Branch also loses control over judges once they are appointed for life. According to Jenkins (2011) these checks and balances "prevents the irrational or arbitrary exercise of power by channeling it through different but coordinate government institutions, each uniquely suited to and responsible for ascertaining, judging, or executing natural law on behalf of the civil society."

A specific past conflict between federal government and states ' right is the conflict of fair housing in California involving state and federal law. The states proposition reversed the decision made through the Rumsford Fair Housing Act and discrimination was allowed during home sale at this time. Civil Right activists saw this as a negative reaction towards civil rights. The U.S. Supreme Courts' Reitman v. Mulkey ruling reversed Proposition 14 in the late 60's, favoring the Fourteenth Amendment. Also there is