AF-separation-of-powers-Digital-20 - Flipbook - Page 5
conducting business as they wished, and the foresight by
the Founders, on the other hand, who realized that if a new
nation was to be a reality and survive over generations,
there must be a federal government with certain powers.
This vision gave way to the Constitution - a fundamental set
of legally binding rules, describing the powers and duties of
the administrators and the guaranteed rights of the people
as comprised in seven Articles, simplified as follows:
some “federalists” and others “anti-federalists.” The
Federalist Papers, a collection of 85 articles and essays,
was written by those in the federalist camp, Alexander
Hamilton, James Madison, and John Jay, and published
between October 1787 and May 1788. The visionary men
used their writings to influence and persuade non-believers
of the need for a central or federal government as described
in the Constitution, among other critical issues of the day.
Article I --- Creates the two parts of Congress. They are
responsible for making laws.
For example, in Federal No. 45, Madison said, "The powers
delegated by the proposed Constitution to the Federal
government are few and defined. Those which are to
remain in the State governments are numerous and
indefinite." Essentially, Madison was explaining federalism
–“a system that allocates power, authority, and sovereignty
between the federal government at the national level and
its constituent units at the state and local levels.”
Article II --- Creates the job of President, called the
Executive. Responsible for enforcing the laws.
Article III --- Establishes Judges, called the Judiciary. They
decide if a law is allowable, or if it goes against the
Constitution.
Article IV --- States Rights.
Article V --- Explains the process for modification of the
Constitution.
Article VI --- Establishes the authority of the Constitution as
the Supreme Law of the Land and compels government
officials to pledge an oath when taking office.
Article VII --- Explains how the Constitution was agreed to.
The span of time from the start of the Articles of
Confederation, adopted in November 1777, to the
ratification of the Constitution by all states in 1791 was
filled with study, debate, and writings by the Founders –
Another Federalist article, No 10, addressed the best form
of government for America – a republic as opposed to a
direct democracy – in which citizens would elect delegates
from their states – representatives of the people – to vote on
laws to ensure that power would be diffused between the
states and the federal government to deter against the threat
of large factions wresting absolute control of power or
“tyranny of the majority.”
It was in Federalist No. 51 – among the most important of
the collection – that laid out the rationale for one of the
most distinctive features of our political system — the
checks and balances inherent in a government divided into
three independent and equally powerful branches, the
Executive,Legislative, and Judicial. These “checks and
balances” are known as the Separation of Powers principles.
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