Separation of Powers -- Jordi Amaral

Jordi Amaral
Gordon 3
Separation of Powers
10/2/15

One concern the framers of the Constitution had was the presence of factions and the political power they were capable of wielding. In Federalist No. 10 James Madison describes factions as a group "united and motivated by an interest conflicting with other’s rights or the communities interests.” Inevitably, factions will always be present due to the diversity in economic situations and political beliefs, and the framers did all they could to prevent their influence and power. In a method to prevent this, the framers created a separation of powers. They were heavily influenced by Montesquieu when deciding how to separate and dole out power. According to Montesquieu, executive powers should be controlled by the president, legislative powers by congress, and judicial powers by the courts. Madison argued that if factions gained control they would manipulate their power to help themselves, rather than the people. Due to this, the framers instituted a system of complex checks and balances, which would allow each of the three groups to hold power over the others in certain circumstances. An example of this is how a bill becomes a law. First, it must be voted on in the Legislative Branch. This is where, if The House of Representatives approves it, it must also be approved by The Senate. After that, the Executive Branch has its say. The president can opt to either sign the bill into law, or Veto it. If he signs it, the Judiciary Branch (The Supreme Court), can deem it unconstitutional and repeal it. Checks and Balances such as these are designed specifically so that one person or group may not have complete control. The framers had just become free of the British monarchy and wished for America to never be under a brand of authority like that ever again. This separated representative government has been crucially effective in blocking out factional control, and helped keep the USA from becoming a democracy lacking of liberty.