Daniel R. Faust - Separation of Powers

THE HISTORY OF SEPARATION

Imagine living during the European Middle Ages. You wouldnt have had any control over the laws you had to follow. The people who made and the laws wouldnt care if you thought they were unfair. The governments of the Middle Ages were autocratic. This means that power was held by a single person or group.

Today, we know that this is unfair. Many of the worlds governments today are republics. In a republic, the people elect . These representatives make the laws and run the government. The leaders in a republic can be unfair too, however. How do you make sure that one part of the government doesnt get too powerful? One way is to separate power between different branches, or parts.

Hundreds of years ago, nobles and monarchs wrote the law. The average person had very little say in how the government was run.

FROM ANCIENT GREECE TO THE ENLIGHTENMENT

The idea of separating parts of a government has been around for a long time. The Greek Aristotle described the idea of a mixed government in the fourth century BC. Aristotle wrote about a government that contained three parts. The first part was the monarch, or the king. The second part was the aristocracy, or the wealthy class. The third part was the democracy, or the people.

FRIENDS! ROMANS!

The Roman Republic was governed by three branches.

The Senate: These seats were inherited by the wealthy.

The Assembly: These members were elected by the people.

The Consuls: These leaders were elected to limited terms by the Senate.

Our idea of democracy is based on the political system of the ancient Greek city-state Athens. In ancient Athens, laws were created by the Assembly. All free landowning males were allowed to speak and vote in the Assembly.

ENLIGHTENED GOVERNMENT

During the Age of Enlightenment (16851815), Aristotles mixed government idea was updated. John Locke believed a fair government would be made up of a lawmaking branch and a head of state. In 1748, French philosopher Montesquieu added the idea of a court system. This is the three-branch system the United States uses today.

BRANCHES OF GOVERNMEN

Enlightenment-era philosophers influenced the U.S. Founding Fathers. When they created a new government for the United States of America, they made sure no single group would have too much power. They created a government with multiple branches. Each branch was given powers. The U.S. government has three branches. These are the legislative branch, the executive branch, and the judicial branch.

Before writing the U.S. Constitution, the Founding Fathers wrote the Articles of Confederation. The federal government created by the Articles of Confederation was too weak. The country needed a better option.

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You can read more about the powers and duties of the U.S. governments three branches here:

https://www.usa.gov/branches-of-government

CHECKS AND BALANCES

American colonists believed the British monarchy was too powerful. Thats what started the American Revolution. The Founding Fathers didnt want that to happen to their government. They came up with a way to distribute power between three branches. Each branch has powers that the others dont. This is called a system of checks and balances. It means no single branch should be more powerful than the others.

Englands King George III was considered an unfair ruler. The Founding Fathers wanted to make a new government that would be more fair to Americans.

THE U.S. CONSTITUTION

The U.S. Constitution was signed on September 17, 1787. It created the federal government still in power today. The Constitution has seven articles, or sections. The first three articles created the three branches of the federal government. The Constitution also includes the Bill of Rights. The Bill of Rights are the first 10 made to the Constitution. The Bill of Rights gives rights and freedoms to everyone in the United States.

Several of the Founding Fathers refused to sign the Constitution unless it included the Bill of Rights.

THE SEVEN ARTICLES OF THE U.S. CONSTITUTION

Article I: Created the U.S. Congress.

Article II: Created the office of the president.

Article III: Created the Supreme Court of the United States.

Article IV: Defined the relationship between the federal government and the state governments.

Article V: Gave Congress the ability to amend the Constitution.

Article VI: Stated that the U.S. Constitution is the law of the land.

Article VII: Listed all of the people who signed the U.S. Constitution.

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