Separation of Powers and Checks and Balances between the Executive and Term Paper

Separation of Powers and Checks and Balances between the Executive and Judicial Branch - Term Paper Example It will be argued that while there are some limitations in the Executive/Judiciary relation, these limitations are also anticipated and addressed by further checks and balances. The roots of the balance of powers, lies with the American father's concern with factionalism. The Federalist papers, which numbered eighty-five, were written as theoretical defense's of the amendments to the Constitution, and they represent the justification for the notion of a 'balance of powers'. Federalist paper number ten specifically deals with the question of "factions", and was written by James Madison (Epstein 102). The most concise definition of a faction, might be phrased as a group with a central and discernible purpose, who are perceived to threaten the structures and powers of that which is protected or enshrined in the Constitution. In particular, the largest threat is articulated in terms of the potential dangers of those who advocate the "abolition of debts, for an equal division of property, or for any other improper or wicked project" [Boller 71], which is what he describes as the "most common and durable source" of factions [Boller 69]. Because Madison thinks liberty ought to be protected, and because he claims that dissension is "sown in the nature of man" [Boller 69]-- that is, people who are contrary will always exist, Madison advocates that one cannot remove the "causes", but instead one can only "control the effects" [Boller 70]. That is, if the causes are liberty and one does not want to remove liberty, then, one cannot control the causes. And, if dissension or difference is natural in humans, and one cannot remove an aspect of human nature, then, one cannot in this sense remove this causal aspect either. By a Republic as opposed to a democracy, Madison simply implies that representatives of the people as opposed to the people themselves are those who control the political spectrum. And, as representatives he claims that these figures will (in theory) be those who embody "wisdom", "patriotism", and a "love of justice" [Boller 70]. The American form of government is that of a ‘republic’, and it is the principal means by which the constitutional fathers thought that single factions could be challenged. This is marked by a number of variables which are written into the American Constitution which ensures the ‘Balance of Powers’. In brief, the balance is broken down into the ‘executive’, ‘legislative’ and ‘judicial’ branches [Woll 4]. And, there is a balance between these branches with respect to passing or accepting legislative bills. In the United States, the President and every member of both houses is elected for a fixed term: the President for four years, the senators for six (one-third retiring every two years), the members of the House of Representatives for two [Schmidt, Shelley Bards and Ford 68]. The only way to get rid of a president before the end of the four-year te rm is to impeach him (her), which is very hard to do, and has never been done and only twice even attempted. As the President, the senators and the representatives are elected for different periods, it can happen, and often does, that the President belongs to one party while the opposing party has a majority in either the Senate or the House of Representatives or both. So for years on end, the President may find his (her)