BRANCHES OF GOVERNMENT 1

Branches of Government

Team D

Kim Eschler, Michelle Gonzales, Alicia Hansen, Alysia McIntosh, and Nicolle Wilson

HIS301

June 23, 2011

Michael Elderedge

BRANCHES OF GOVERNMENT 2

Branches of Government

The Founding Fathers created the Constitution to be the supreme law of the

United States of America. The Constitution outlines the organization of the government,

the relationship the federal government has with the states, and the rights of the

citizens. In this paper, we will be outlining philosophy the three branches of government

created in the in the Constitution, the branches power within the government, obstacles

of this creation, and the conflict that comes with federal versus state power.

Philosophers and the Legislative, Executive, and Judicial Branches

“If men where angels, no government would be necessary” (J. Madison, 1788).

During the period of Enlightenment, intellects spent their time trying to inject science,

logic, and human characteristics into how to the people would best be served. Five main

philosophers came into light for their ideals of structure in creating a balanced

government. Thomas Hobbes wrote Leviathan (1651) outlining 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. Montesquieu published The Spirit of the

Law (1748) stating that the best way to safeguard liberty is by a separation of powers.

He suggested an outline that divided the government into three separate branches.

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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;

made up of The Supreme Court of the United States and lower courts as created by

Congress.

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. The branches are not

equal and were not designed to be. 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 a 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.

Obstacles

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

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careers by doing what is in the best interest of the people. An ensample 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 “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.

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.

Conflict

At the time the Constitution was written there was conflict between the

Federalists; who wanted large powerful governments, and the Anti-Federalist; who think

power should remain largely with the states who knew their residents best. 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 persons

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

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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

has grown, changed, introduced thousands of laws and changes for the United States,

but unlike any democratic republic before; 224 years later, this body of law still governs

the most powerful country known.

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References

Gahr, E. 2011. How enlightenment ideas shaped the US Constitution. Retrieved on

June 16, 2011 from http://www.helium.com/items/2085182-how-enlightenment-

ideas-shaped-the-us-constitution

Harris, P. 2008. Bush sneaks through host of laws to undermine Obama. Retrieved on

June 16, 2011 from http://www.guardian.co.uk/world/2008/dec/14/george-bush-

midnight-regulations

Madison, J (1788) The Papers of James Madison; Number 51. Chicago: University of

Chicago Press.

Rick Perry.org (2011) Issues: 10th Amendment and Fighting Intrusive Washington

Politics. Retrieved on June 16, 2011 from http://www.rickperry.org/issues/tenth-

Amendment

The Charleston Gazette (2008) Americans Oppose Mountaintop Removal. The

Charleston Gazette, October 23, 2008.

Toledo Tech Academy.org (2011) The Rise of Democratic Ideas. Retrieved on June 16,

2011 from http://www.toledotechnologyacademy.org

US Constitution.net (2011) The United States Constitution. Retrieved on June 16, 2011

from http://www.usconstitution.net/const.html#Preamble.