Posted on 03/19/2012 6:13:36 AM PDT by iowamark
The separation of powers helps to ensure good government at the same time it guards against tyranny. Independent in function but coordinated in the pursuit of justice, the three branches of government—legislative, executive, and judicial—must each have enough power to resist the encroachment of the others, and yet not so much that the liberty of the people is lost.
A political regime has three dimensions: the ruling institutions, the rulers, and the way of life of the people. In America, the rulers—the people themselves—and their ruling institutions—staffed by the people’s representatives—aim at securing the Creator-endowed natural rights of all citizens. The Framers did this in two ways. “Vertically” considered, our ruling institutions are defined by federalism, or the division of power between the national, state, and local governments. “Horizontally” considered, the ruling institutions of the federal government itself are separated and co-equal.
In the American regime, the Constitution is the “supreme law of the land.” No one branch is superior to it; all three branches have a duty to abide by it. While each of the three branches plays a unique role in the passage, execution, and interpretation of laws, all of the branches must work together in the governing process.
The legislative branch is closest to the people. It is also the branch in which the danger of majority tyranny lurks. The passions of the people are reflected most in the House of Representatives, where the members are elected for terms of two years. The Senate, with its six year terms, was designed to be a more stable legislative presence than the House.
The defining characteristic of the executive is “energy.” The president can act swiftly and decisively to deal with foreign threats and to enforce the law, and can also provide a check on legislative tyranny through the veto.
Members of the judiciary, the third branch of government, must exercise judgment in particular cases to secure individual rights. Through “judicial review,” the judiciary is given the authority to strike down laws that are contrary to the Constitution. But judicial review is not judicial supremacy; even the Supreme Court must rely upon the other branches once it has rendered judgment.
The checks that each branch can exercise against the encroachment of the others ultimately protect the liberties of the people. The separation of powers promotes justice and good government by having each branch perform its proper function. This institutional design allows the sovereign people to observe and to know which branch is responsible for which actions in order to hold each to account. The sense of mutual responsibility built into the separation of powers is a reflection of the moral and civic responsibility all Americans share.
Will Morrisey is the William and Patricia LaMothe Chair in the U.S. Constitution and Professor of Politics at Hillsdale College, where he has taught since 2000. He teaches courses in American politics, political philosophy, and comparative politics.
Dr. Morrisey is the author of eight books on statesmanship and political philosophy including Self-Government, The American Theme: Presidents of the Founding and Civil War; The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government; Regime Change: What It Is, Why It Matters; Culture in the Commercial Republic; and Reflections on DeGaulle. He is currently working on a study of the geopolitical strategies of Winston Churchill and Charles de Gaulle. He has written for the New York Times, Washington Times, the American Political Science Review, the Claremont Review of Politics, and Interpretation: A Journal of Political Philosophy, of which he has served as an editor since 1979. He received his B.A., summa cum laude, from Kenyon College, and his Ph.D. in political science at the New School University.
Hillsdale Costitution 101 ping!
Freepmail Iowamark to get on or off this ping list.
Are these also archived? I missed the first 4 weeks, although I had signed up with my son.
Meanwhile, the drumbeat of Bolshevik Dictator Baby-Doc Barak continues to grow louder - - - .
See these threads:
Hillsdale College Constitution 101: http://www.freerepublic.com/focus/f-chat/2852321/posts
Hillsdale’ Constitution 101: “The Problem of Majority Tyranny” (Week 3)
http://www.freerepublic.com/focus/f-chat/2854969/posts
Hillsdale Constitution 101 Week 4: Separation of Powers: Preventing Tyranny
http://www.freerepublic.com/focus/f-chat/2858159/posts
Hillsdale Constitution 101 Week 5 “The Separation of Powers: Ensuring Good Government”
http://www.freerepublic.com/focus/f-chat/2860925/posts
God bless Hillsdale! I’m learning so much from this class!l
This is the best lecture so far.
Toughest quiz too.
Mercy that’s the truth!
Me too! :)
"You may submit questions from Monday at noon when the new week's material is available, until Wednesday at noon. “Question & Answer” videos will be posted on Thursdays. Like the lectures, these sessions are not live, and are available to view at your convenience.
You may submit questions to constitution@hillsdale.edu, or via Facebook or Twitter. Please include your name, city, and state with your email so we can identify your question. We will do our best to answer as many questions as possible during the time allotted, but we will not be able to answer all questions."
You may get started on readings for next week, Week Six, “Religion, Morality, and Property.”
Readings for Week 6:
Notice the reference to Christianity in the VA declaration. I'm certain the Framer's generation would not sit back as the virus of islam spread across our republic.
Patrick Henry fought Madison tooth and nail in favor of assessments/taxes for certain religious institutions.
You'll have a different understanding of the 18th Century meaning of Property after reading Madison's newspaper column.
Week 5 Q and A session. “Separation of Powers:
Ensuring Good Government” with Dr. Will Morrisey:
http://www.youtube.com/watch?v=-WiONhZU1lE
Question
In the Q and A they were suppose to answer the question “Are elections enough to correct the current situation.”
I watched the video but apparently missed the answer.
IS elections enough to fix the mess we are now in?
Dr. Morrisey (at 1:45) mentions three remedies to violations of the Constitution: “Elections, lawsuits, and impeachment.”
What exactly will work against the current problem? An historian can tell us the past but cannot tell the future, can he?
Well
Impeachment is out
Lawsuits will probably not work and take years
I pray the election is enough
If not then what?
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