Paper Summary:

This essay outlines how the ideal of limited government is realized through the Constitutional institution of "separation of powers". The paper describes how the legislative, executive and judicial branches of government are independent of each other through in-built structural barriers. Also explained is why the democratic mandate is more successfully implemented due to these separations of powers. In this regard, the paper describes how the inherent "checks and balances" prevent the undue accumulation of power. Modern challenges posed to the system, such as pressure from the media and the "war on terrorism" are also outlined.

From the Paper:

"Of course, the separation of powers is not absolute, and according to James Madison it was not desirable to make it so. He did not deem it healthy to have three arms of government that were antagonistic to each other, because only through cooperation could the ideals of Constitution be realized (Garzik 282). In this sense, for the Constitution to work it is necessary that it be inspirational. Indeed, the United States Constitution is a unique document, inspired by the sublime philosophy of John Locke, and where the natural rights of man are enshrined. Though it does not urge the judges to always judge in favor of the people, and against the institutions, the entire tenor of the Constitution certainly implies this. Therefore, on the whole, it is the philosophical tenor of the constitution that provides the greatest safeguard to the abuse of power."

Sample of Sources Used:

• Garzik, Jeff. The Founding Papers Vol. 2: The Federalist Papers. Lulu.com, 2004.

Visitors who viewed this Descriptive Essay also liked these:

• Essay # 90731 : "Federal and State Power: The Constitution"
• Term Paper # 148727 : "Police Power and the U.S. Constitution"
• Essay # 45849 : "The Power of Congress and the Commerce Clause"

APA Citation:

MLA Citation: