Apr 29, 2018 3 min read

In 1783, the American Revolution had come to an end and our nation longed for a government that would protect the liberty of every citizen. After seven years of fighting an oppressive king, our country sought a separation of powers that would ensure the success of our democracy. This partition of power, established in 1787, protected the rights of all and continues to preserve our liberty today.

The idea of separating powers began when Enlightenment philosopher Montesquieu invented the phrase, ”trias politica.” He believed that to effectively promote liberty, powers of government must act independently. Inspired by Montesquieu, James Madison wrote the Federalist Papers calling for checks and balances in the nation’s new government. He stated, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, may justly be pronounced as the very definition of tyranny.” Madison believed that to ensure a secure government, each branch must have its own responsibilities.

Articles I, II, and III of the Constitution divide our government into three branches so that no individual can obtain an abundance of power. The Executive Branch, designed to enforce laws, consists of the president, vice president, and cabinet. This branch has the ability to veto laws that are passed by Congress, therefore balancing power. The Legislative Branch is mainly responsible for making laws. Consisting of the House of Representatives and Senate, this branch has many opportunities to check power, including the capability to remove the president from office. The Judicial Branch interprets laws according to the Constitution and has the authority to discard unconstitutional laws. The Supreme Court justices are nominated by the president and approved by the Senate, further balancing the power between branches.

Checks and balances in our government have preserved liberty throughout the history of our democracy. In Marbury v. Madison, the Supreme Court announced that a court could declare an act of Congress void if it is inconsistent with the Constitution, further extending the system of checks and balances. Both United States v. Nixon and Bush v. Gore checked the executive branch by restricting the president’s misuse of federal power. In the United States v. Lopez case of 1995, the Supreme Court balanced congressional power using the Commerce Clause. Congressional power was balanced once again in the 2007 District of Columbia v. Heller case, declaring certain safety provisions as unlawful. Checks and balances such as these are present in every aspect of government and promote the preservation of rights and liberties.

James Madison once stated, “If men were angels, no government would be necessary. If angels were to govern men, no controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Every citizen of this democracy should strive to preserve the separation of powers, protecting our balanced government and ensuring liberty and justice for all.

Emma Malinak is a ninth-grade student at Trinity High School. Her essay won first place in a Law Day contest sponsored by the Washington County Bar Association. Law Day is Tuesday and commemorates the importance of law in society and its role in our country.