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At the Constitutional Convention of 1787, the framers placed great emphasis on developing a multi-branched government that guaranteed a balanced separation of power between the legislative, executive, and judicial branches. To prevent any imbalance of power, they ensured that the Constitution provided an equal foundation for each branch while also designating a precise separation of powers. Separation of powers, the allocation of responsibilities exclusively to sections of government, ensures that no one branch is more powerful than another. This allows each branch to specialize in its own aspect of governance, encouraging efficiency.
The three branches of government in the United States are the Executive, which includes the President and a vast workforce, the Legislative branch composed of the Senate and House of Representatives, and the Judicial branch, encompassing the Supreme Court and lower courts. The Executive Branch is overseen by the President, who serves as its chief administrator. The duties of the legislative, executive, and judicial branches are, respectively, to make, enforce, and interpret the law. Proficient in: Government
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However, more recently, partisan lines have often been the motivation behind these duties and consequent important decisions. To ensure a stable government, the U.S. Constitution is purposefully designed to distribute exclusive powers among the legislative, executive, and judicial branches; separation of powers empowers each branch to not only uphold but also to specialize in its primary duty.
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The legislative branch's two houses, the Senate and the House of Representatives, together possess the power to make laws. Congress' powers include the ability to impeach a federal official, levy taxes, regulate commerce, and declare war. Under the Constitution, the judicial and executive branches can check the power of Congress, but previously under the Articles of Confederation, only the legislative branch existed. As stated in The Words We Live By, the framers, trying to correct the errors of the Articles of Confederation, wanted to limit Congress' power to legislation alone because they believed more divisions were necessary to manage the government (Monk 26).
The bicameral legislature requires compromise between the two houses and, especially, within each house for progress to be made. Currently, partisan lines are a hindrance to this progress. For example, in President Trump's impeachment proceedings the interests of the Democratic majority of the House and those of the Republican-led Senate conflicted. The Senate did not reach a two-thirds majority in favor of impeachment due to party affiliations, and, as a result, they acquitted the president. Nonetheless, separation of powers gives the legislative branch authority in creating laws, a specialized focus.
The chief role of the executive branch is to enforce the laws. This branch, led by the president, has focused powers: declaring executive orders, making treaties, approving or vetoing laws, and appointing persons to federal offices. As referenced by Monk, executive orders and emergency powers can be invoked for managing the economy and national security, especially during times of war (Monk 81). During the COVID-19 pandemic, President Trump used the Defense Production Act to control industry and demand more medical supplies during this national crisis.
While most Republicans supported this move, Democrats asserted that the act should have been invoked much earlier. The powers of the executive branch prevent the legislative branch from possessing an unchecked authority to carry out laws independently. However, the executive branch has undergone changes since establishment, such as the limitation of presidential terms from indefinite to two terms. Nevertheless, the framers' intent to confer privileges upon the executive branch to facilitate law enforcement has been preserved.
The judicial branch has the responsibility to interpret the law. As described by Monk, Alexander Hamilton, a founding father, believed the judicial branch was the weakest branch because of its limited power of judgment. However, Hamilton also believed the judicial branch is closest to the people and the Constitution (Monk 93). The Constitution prescribes the judicial power to the Supreme Court, encompassing judicial review, original and appellate jurisdiction, and punishment of offenders of the laws. The power of judicial review, which allows the judiciary to determine if an action is constitutional, stems from the duty to interpret laws. One recent example of how the Supreme Court exerted its judicial power to reduce the influence of partisanship on separation of powers is Chiafalo v. Washington. In July 2020, the Supreme Court upheld state laws requiring faithless electors to promise to vote for the winner of their state. This ruling exemplifies the judicial power exclusively vested in this branch of government.
The U.S. Constitution provides specific, exclusive powers to the legislative, executive, and judicial branches of government that permit them to specialize in their own feature of government while carrying out their chief duties to the people. Despite the complication of political parties, separation of powers plays a pivotal role in each governmental branch.
First, the legislative branch has a responsibility to make laws. Second, the executive branch has the task of enforcing laws, including both those established by Congress and those given in the Constitution. Finally, the judicial branch has an obligation to interpret laws and determine the constitutionality of actions or laws. The relationship of the different branches to the law indicates how each branch is analogous to a puzzle piece, essential to the formation of a fully functional government. For this reason, the framers of the Constitution created three branches, each having its own powers, to establish a government of the people, by the people, and for the people.
Separation of Powers and Specialization in Govt Branches. (2023, Mar 24). Retrieved from https://studymoose.com/separation-of-powers-in-the-constitution-and-specialization-among-branches-of-government-essay
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