Branches of Government free essay sample

The US Constitution was created by our Founding Forefathers to be the supreme law of the United States of America. The Constitution outlines organization of the government, the relationship that the federal government has with the states, and rights of the citizens. It is vitally important to discuss why the three branches of government were created in the Constitution, each branch of government’s power, obstacles that the division of power created, and the conflict between federal versus state power, in order to understand how the power and structure of our government impacted the formation of our country today. Philosophers and the Legislative, Executive, and Judicial Branches In 1787, America’s forefathers came together to create the most important document in history, our Constitution. Some of the Framers goals in the Constitution were to establish a government strong enough to meet the nation’s needs, to establish a government that would not threaten the existence of separate states or the liberty of the nation, and to establish a government based on popular consent (Patterson, 2009, pg. 38). There were many philosophers with different philosophies on how a government should be structured and they inputted those philosophies into the Constitution. There are five main philosophers that have impacted the government’s structure and their impact has created a balanced government. These philosophers who heavily influenced the structure of the Constitution are Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Baron De Montesquieu, and Voltaire. During the period of Enlightenment, intellects spent their time trying to inject science, logic, and human characteristics into how the people would best be served (Gahr, 2011). Thomas Hobbes wrote Leviathan (1651), which outlines a social contract of appropriate behaviors and expectations of a government and its people. John Locke wrote Two Treatises on Government (1690) outlining natural rights of life, liberty, and property. Voltaire wrote of freedom of religion, free speech and tolerance. Jean-Jacques Rousseau wrote The Social Contract (1762) where he outlines that free individuals who create a government that responds to the people’s will, is the only legitimate way to earn the consent of the people to be governed (The Enlightenment and Democratic Revolutions, 2011). The Philosopher who made a huge influence in the formation or structure of our Constitution is Baron De Montesquieu. Montesquieu published The Spirit of the Law (1748) stating that the best way to safeguard liberty is by a separation of powers, which he suggested an outline that divided the government into three separate branches (The Enlightenment and Democratic Revolutions, 2011). These philosophies significantly structured our Constitution into a more organized government. The influence these philosophers had on the Founding Fathers is the framework of the United States Government, and outlined in the first three articles of the Constitution. Article I establishes the powers and limitations of the Legislative Branch of Congress, consisting of the House of Representatives and the Senate. The number of House representatives is in ratio to population of the states and the Senate consists of two representatives from each state. Article II establishes the powers and limitations of the President. Article III establishes the powers and limitations of the judicial branch, which is made up of The Supreme Court and lower courts as created by Congress (The United States Constitution, 2011). In the creation of these three, separate, and distinctive powers, our Founding Fathers were making sure no branch of government could overpower the other. Three branches of government form a system of checks and balances and they were not designed to be equal. The legislative branch has the highest amount of power, followed by the executive and judicial branches. Each branch does have some interaction to balance out the other. The executive branch has veto power over the legislation and judicial power to offer a presidential pardon. The legislature can override a veto from the executive office by two-thirds majority. The judicial branch can overturn laws passed by either the legislative or the executive branch if they are found to be unconstitutional (Gahr, 2011). Our forefathers created these different branches of government to have structure, organization, and equality within our country. Obstacles There are many obstacles that the division of power presents in the attempt to pass a bill or a law. Each branch of government with their different powers must stay within their constitutional jurisdiction. The legislature is set to be bicameral, so that two bodies were working toward the good of the people. At times, both houses would work on the same law. Today, party lines drive companion bills in both the House and Senate. The division creates obstacles preventing legislation that would be good for the welfare of the people (ushistory. org, 2008-2012). The political climate the American people currently deal with is one full of self-interest. Representatives are unwilling to operate against their peers, party, and biggest contributors. Politicians are often too concerned with re-election to sacrifice their careers by doing what is in the best interest of the people. An example of this behavior is the ongoing West Virginia fight against the coal companies. In an October 2008 pole, 79% of people surveyed do not want the mountaintop removal coal mining. Thanks to President Bush and his â€Å"midnight regulations,† it not only continues the mining of mountaintop removal for coal but also makes it easier for companies to dump debris into valleys and streams (TheGuardian/The Observer, 2008) Conflict At the time the Constitution was written there was conflict between the Federalists who wanted large powerful governments and the Anti-Federalist who thinks power should remain largely within the states who knew their residents best (Patterson, 2011, pg. 64). With the help of writers like James Madison, who wrote The Federalist Papers to help voice the understanding of a democracy versus a republic and why the Constitution was best for the United States, the Constitution was ratified and a balance of power was created. With the ratification of the Constitution over 200 years ago, we still have individuals who want to see smaller federal government and more control within state government. Political party viewpoints on this issue are apparent. Many Republicans believe allowing states to make decisions separately gives each the right to define what is morally and financially best for their citizens. Many Democrats believe allowing states to make those determinations limits the rights and freedoms of citizens in those states. Some issues currently argued to be kept in state and from the federal government involvement are: health care reform, gay rights, national education standards, unemployment stimulus, and immigration. Conclusion The Constitution is a living document. A guide to allow the citizens of the United States of America to govern themselves, establish justice, ensure domestic tranquility, have a common defense, a general welfare, and to form a more perfect Union than under monarchy. The Founding Fathers used resources of philosophers to understand the human condition, and appealed to the citizens with help of prolific writers and minds of the day to educate them. As a living document, the interpretations differ as new issues arise and new amendments are added, as needed. The original debate of federal versus state power is still alive and examined for balance of power. The government introduced thousands of laws and changes for the United States unlike any other democratic republic.