The Separation of Powers in United States of America: Past and Present

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dialnet-ar-18-ART00003158622017-02-02The Separation of Powers in United States of America: Past and PresentCarey, George W.The American version of the separation of powers was designed to prevent tyranny (i.e., capricious, arbitrary rule) and to ensure the rule of law by preventing the concentration of all powers in any one branch. That legislators, as well as their family and friends, would be subject to the impartial administration and adjudication of laws which they passed was a key factor in assuring these objectives. While Congress was regarded as the most representative and powerful branch in the system, over the course of American history presidential powers have increased enormously, often at the expense of Congress. The emergence and growth of political parties has facilitated this development so that today the presidency is the predominant branch of government, viewed as representing all the people, not special or narrow interests. In recent years, a new and expansive theory of presidential authority, �the unitary executive theory,� has gained currency; a theory which justifies an even greater concentration of authority in the executive branch. Moreover, the Supreme Court in recent decades, largely through an expansive interpretation of both its function and the language of the Constitution, has assumed new power, again at the expense of Congress. While the Constitution has not been amended to alter the original design, the reality is that the present system does not correspond to that intended by the Framers. Yet, the concerns posed by the Framers about a concentration of power remain.Universidad de Oviedo: Area de Derecho ConstitucionalCentro de Estudios Políticos y Constitucionales2009text (article)application/pdfhttps://dialnet.unirioja.es/servlet/oaiart?codigo=3046701(Revista) ISSN 1576-4729Historia constitucional: Revista Electrónica de Historia Constitucional, ISSN 1576-4729, Nº. 10, 2009, pags. 263-295engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: https://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: https://dialnet.unirioja.es/info/derechosOAI

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Historia constitucional: Revista Electrónica de Historia Constitucional, ISSN 1576-4729, Nº. 10, 2009, pags. 263-295

English

The American version of the separation of powers was designed to prevent tyranny (i.e., capricious, arbitrary rule) and to ensure the rule of law by preventing the concentration of all powers in any one branch. That legislators, as well as their family and friends, would be subject to the impartial administration and adjudication of laws which they passed was a key factor in assuring these objectives. While Congress was regarded as the most representative and powerful branch in the system, over the course of American history presidential powers have increased enormously, often at the expense of Congress. The emergence and growth of political parties has facilitated this development so that today the presidency is the predominant branch of government, viewed as representing all the people, not special or narrow interests. In recent years, a new and expansive theory of presidential authority, �the unitary executive theory,� has gained currency; a theory which justifies an even greater concentration of authority in the executive branch. Moreover, the Supreme Court in recent decades, largely through an expansive interpretation of both its function and the language of the Constitution, has assumed new power, again at the expense of Congress. While the Constitution has not been amended to alter the original design, the reality is that the present system does not correspond to that intended by the Framers. Yet, the concerns posed by the Framers about a concentration of power remain.

Article

Carey, George W.

Carey, George W.
The Separation of Powers in United States of America: Past and Present

Carey, George W.

Carey, George W.

The Separation of Powers in United States of America: Past and Present

The Separation of Powers in United States of America: Past and Present

The Separation of Powers in United States of America: Past and Present

The Separation of Powers in United States of America: Past and Present

The Separation of Powers in United States of America: Past and Present

separation of powers in united states of america: past and present

Universidad de Oviedo: Area de Derecho Constitucional

2009

https://dialnet.unirioja.es/servlet/oaiart?codigo=3046701

1709708906811359232