separation of powers Flashcards
the seperation of powers is a key principle and feature of the US constitution , it ensures that
power is spread out between congress , the presidency and the judiciary
the key intention behind the separation of powers is to prevent
tyranny and any branch having too much power
the founding fathers were influenced by French philosopher Montesquieu who argued that
” where the legislative and executive powers are united in the same person.. there can be no liberty “
congress , the presidency and the judiciary are both
independent from each other and dependent on each other to cary out government
Neustadt has therefore argued it makes more sense to see the Us constitution as
separated institutions sharing power
one key aspect of the separation of powers is the seperation of personnel , this holds that
no indvidual can be part of two branches of government at the same time
for example of the separation of personnel is seen when obama became president in 2008 , he had to step down from
the senate
key powers are spread across the 3 institutions , this is crucially the case in the area of lawmaking
, congress makes laws
the president confirms/veteoes and implements laws
and the judiciary and interprets the law
important to the operation of separation of powers and the prevention of tyranny is the