AF-separation-of-powers-Digital-20 - Flipbook - Page 7
A
merica’s form of government – a Republic – is a
governmental system that places all the power in the
hands of the people. It is designed as a federation of
independent states that administer internal affairs and
are granted protection by the federal government, i.e.,
federalism.
It is a structure that gives all those who live under its
protection equal power. It is where justice is applied
universally to all, equally and without prejudice or
exception. This protection against tyranny provides the
foundational assurance of an environment of stability,
safety, freedom, and justice in which the people have
the power to take action when necessary. And that
power is granted by the people to those elected and
appointed to represent their constituents’ best interests
and administer their affairs, honestly and transparently.
A Republic form of government also protects the views
of the political minority by (1) restricting powers of the
central or federal government, (2) protecting a broad
degree of self-government and sovereignty in favor of
constituent regional governments, state, and local, and
(3) reserving ultimate sovereign power in favor of
voters who chose their governmental representatives.
Under America’s Republic form of government and the
Constitution’s Separation of Powers principles, each
branch of our federal government – Legislative,
Executive, and Judiciary – is vested with only those
powers enumerated and specifically conferred to it by
the Constitution, otherwise, the power is left to the
states. All three branches must carry out their duties
fairly, justly, and with the utmost respect for the law
and for the civil right of all citizens.
• The Legislative Branch has the power to create and
enact law. Legislators must be mindful of precedent
setting and mitigate any scope creep or encroachment
into the tempting realms of the other branches.
• The Executive Branch has the power to carry out
those laws in good faith and is only successful when
operating without engaging in malicious
prosecutions, political persecutions, or bad faith
enforcement of laws.
• The Judicial Branch is vested with the ultimate
decision-making powers, including interpretation of
the Constitution; to hear argument and decide cases
between parties; to uphold or strike down regulations
and laws; to settle disputes between one state and
another, and disputes arising between states and the
federal government. Judges and courts must keep
within the scope of constitutional boundaries and
apply law to fact fairly, dutifully, and without delay.
No person subject to the jurisdiction of the United
States should be treated differently from others by
government officials, agents, or political institutions,
which all derive power from our branches of
government as created by our Constitution. This means
our government should operate devoid of bad faith,
secret agendas, abuses of power, or evil motives –
political, monetary, retaliatory, vexatious, or any other
kind whatsoever.
Indeed, our system was created to limit the girth and
reach of our federal government; to concentrate power
locally, in the hands of the people; and to prevent
corruption. Under America’s Separation of Powers
principles and our system of checks and balances, the
citizenry of this great country has the ability and
authority to combat willful misuses of authority by one
branch or another; and to remedy all unlawful
commandeering of powers belonging to another
branch or the states.
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