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Separation of Powers: A Modern Fallacy In America Today



The Framers of the Constitution decided to implement separation of powers into the US government. The Framers borrowed this concept from Charles de Montesquieu. The idea is to create a government that would need to move rather slowly. Tyranny is a concept that if allowed to move rapidly, could destroy an entire nation within one generation. Here is the basic synopsis on the US separation of power as dictated in the US Constitution.

Separation of Powers

  1. Legislative Branch – responsible for law creation and any other responsibility not directly given to either of the Executive or Judicial Branch
  2. Executive – to carry out and enforce the law of the land
  3. Judicial – interpretation of law

No branch was to perform the duties of another. Nor was any branch given the power to disburse its responsibility to the other branches. Unfortunately, today is a far cry from the original separation of powers vision.

1. The EPA

The EPA performs all three duties listed above. It creates “law” (i.e. environmental rules/laws), enforces these laws, and renders judgement/penalizes the breaking of the laws it creates. The power that is held by the EPA is how tyranny fosters. I would argue that we already have “Tyranny – lite”.

2. The Current Court System.

We have judges on all levels who feel it’s their duty to pontificate their personal opinions and to induce sweeping change. Their duty is not to induce sweeping change it is to interpret the US Constitution and the laws of our land.

Separation of Powers: A Modern Fallacy

3. Executive Orders

Executive orders grants the US President the ability to create laws and rules without congressional approval. President Obama even used executive orders to manipulate and change existing law – Obamacare. President Trump is also busy using the power of executive order. The precedent has been said by prior presidents but does this make it ok?

4. Congress Outsourcing Duty

Executive agencies are given power by Congress to create laws and rules in mass quantities. Recently, we also watched the Senate outsource the responsibility of treaty making to President Obama. We need to elect congressman who understand the position and duty that is required of them. They should take these responsibility’s very seriously and should not defer their duty to another branch.

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“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” – James Madison

“[The Judicial Branch] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” — Alexander Hamilton, Federalist No. 78

An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others. – James Madison Federalist No. 58

After reflecting upon the previous quotes, how would Madison or Hamilton react to today’s version of separation of powers?

Tyranny has already begun to sneak up on “We the People”. I guarantee that the majority of the US Citizenry truly do not understand the dilemma we now face. Many are content with breaching separation of powers… long as it’s in their ideology’s favor. The over use of executive orders are only criticized when the opposition does it. How can we reverse this trend?

We must begin with liberty.

Separation of Powers: A Modern Fallacy

What To Do?

I am not in possession of a grand solution. I believe the battle for true separation of powers will be a long and difficult one. Once individuals get a taste of power, they seldom give it up. Activist judges, Over-reaching Presidents, and a feeble Congress all need to be held accountable.

One politicians at a time. One election at a time.

We must continue the fight for true constitutional conservatives. We can count on one hand the number of truly conservative senators in the current Congress. So there is a lot of work ahead.

We should oppose all overreach regardless of who is the one doing so. The only way to reverse prior precedent is by setting a new one.

Up Next: Reporters Need To Be Held Accountable For Blatant Trump Lies

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