Thursday, July 2, 2009

17th Principle of Freedom

A System of Checks and Balances Should be Adopted to Prevent the Abuse of Power.

This principle seems obvious, that someone should have the ability to check those in power. This power ultimately lies in the people. However, our founding fathers recognized (in their own 'checking' of power) that leaving check and balance solely in the people can result in bloodshed when tyrants are overthrown, which can often lead to anarchy, which leads people to seek a dictator to establish peace, who becomes a tyrant, thus starting the cycle over.

Another important part of this check and balance system instituted by the Constitution is that the different branches of government are prohibited from usurping the responsibilites and powers of the other branches. Judges are prohibited from legislating from the bench (interpreting old laws in new ways), the Executive officer (President) is prohibited from legislating from the white house (Executive Orders). The legislature can't execute their laws, they can only pass them.

It seems to me as I think about the usurping of authority that the Executive Branch is usurping legislative authority from the Legislative Branch. The Judicial Branch is usurping legislative authority and executive authority from the other two branches. Since power is being usurped from the legislative branch, they are in turn usurping power from the people. I'm sure there are ways that the legislative is usurping power from the judicial and executive, and ways that the executive is usurping power from the judicial branch, but I don't recognize them clearly like I do the other's mentioned. Can you think of some ways? Can you think of a better system of checks and balances? The other important thing to remember is that if we leave the federal government alone to check itself, even if they are divided into three branches, they won't always check themselves. What can we do to check government?

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