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Separation of powers and the democratic process






The early American way of life encouraged democracy. The colonists were inhabiting a land of forest and wilderness. They had to work together to build shelter, provide food, and clear the land for farms and dwellings. This need for cooperation strengthened the belief that, in the New World, people should be on an equal footing, with nobody having special privileges.

The urge for equality affected the original 13 colonies' relations with the mother country, England. The Declaration of Independence in 1776 proclaimed that all men are created equal, that all have the right to "Life, Liberty, and the Pursuit of Happiness."

The Declaration of Independence, and the Constitution after it, combined America's colonial experience with the political thought of such philosophers as England's John Locke to produce the concept of a democratic republic. The government would draw its power from the people themselves and exercise it through their elected representatives. During the Revolutionary War, the colonies had formed a national congress to present England with a united front. Under an agreement known as the Articles of Confederation, a postwar congress was allowed to handle only problems that were beyond the capabilities of individual states.
THE CONSTITUTION

The Articles of Confederation failed as a governing document for the United States because the states did not cooperate as expected. When it came time to pay wages to the national army or the war debt to France, some states refused to contribute. To cure this weakness, the congress asked each state to send a delegate to a convention. The so-called Constitutional Convention met in Philadelphia in May of 1787, with George Washington presiding. The delegates struck a balance between those who wanted a strong central government and those who did not. The resulting master plan, or Constitution, set up a system in which some powers were given to the national, or federal, government, while others were reserved for the states. The Constitution divided the national government into three parts, or branches: the legislative (the Congress, which consists of a House of Representatives and a Senate), the executive (headed by the president), and the judicial (the federal courts). Called "separation of powers," this division gives each branch certain duties and substantial independence from the others. It also gives each branch some authority over the others through a system of "checks and balances."



Here are a few examples of how checks and balances work in practice.

· If Congress passes a proposed law, or "bill," that the president considers unwise, he can veto it. That means that the bill is dead unless two-thirds of the members of both the House and the Senate vote to enact it despite the president's veto.

· If Congress passes, and the president signs, a law that is challenged in the federal courts as contrary to the Constitution, the courts can nullify that law. (The federal courts cannot issue advisory or theoretical opinions, however; their jurisdiction is limited to actual disputes.)

· The president has the power to make treaties with other nations and to make appointments to federal positions, including judgeships. The Senate, however, must approve all treaties and confirm the appointments before they can go into effect.



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