Balance of Power

Question 1

Essay

Does the Constitution succeed in creating a balance of power between the branches of the Federal Government?

In a democracy, where many people serve in the legislative branch, the diversity of the people with different ideas of government help protect against tyranny. The legislative branch is given superiority in our government through extensive constitutional powers… On the other side, with the range of executive power being limited by the constitution, and the judiciary branch also being limited in power, any efforts by one branch to take over the power of another branch is defeated.

The Federalist 48, written by James Madison, 1788

In order to create a system of government with separate and distinct use of the different powers of government… each branch should have its own powers and authority. However, the protection against one branch gradually assuming the powers of the other branches, consists in giving each branch the necessary constitutional powers and personal motives to resist encroachments of the others. Ambition must be made to counteract ambition.

The Federalist 51, written by James Madison, 1788

The executive power of the President of the United States, unlike the King of Great Britain is limited by the Constitution… The President of the United States can be impeached, and if convicted, removed from office by the Legislative Branch... [However, the President may also check the power of the other branches.] The President of the United States will have power to veto a bill and send it back to Congress. The bill can still become a law if it is approved by two thirds of both houses. The President also has the power to nominate, and with the advice and consent of the Senate, appoint Supreme Court Justices.

The Federalist 69, written by Alexander Hamilton

The Judicial branch, however, does not have the power to make law or enforce law.... Limitations on the powers of government are preserved through the courts of justice [Judicial Branch], whose duty it must be to declare all unconstitutional acts invalid.

The Federalist 78, written by Alexander Hamilton, 1788

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