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15 Explain what is meant by a “strict division or separation of powers” under the Constitution. Outline the structure of the American Constitution.

Under the Constitution power was divided among the three brunches of the national government: legislative (the Congress), executive (the President) and judicial (the Supreme Court). Each was given its own authority to prevent abuse of power. These three brunches watch over each other. This watching over is known as the system of checks and balances. That way no single brunch becomes too powerful.

This system gives each brunch the means to restrain the other two. For example the President has the power to veto acts passed by Congress, but the Congress may override the veto by a two-thirds majority. But the Supreme Court has the power to declare acts of Congress or President to be illegal if they are in conflict with Constitution.

The structure of the Constitution

The Constitution of the US consists of the Preamble, 7 Articles and 27 Amendments.

The document begins with the Preamble. It holds in its words the hopes and dreams of the delegates to the convention, a justification for what they had done.

The Preamble is followed by 7 articles.

Article 1, 2 and 3 of the Constitution describe how the members of the three branches of the federal government are chosen, how long they shall serve and what qualifications they must have for office.

Article 4 of the Constitution outlines the relationship between states and between the federal government and the states.

Article 5 provides for making changes or amendments to the Constitution.

Article 6 establishes that the Constitution is the supreme law of the land to which all judges and federal and state officers are bound.

Article7 sets forth the manner in which the Constitution was to be adopted.

The 3 branches of government (Executive branch>President, Legislative Br.>Congress, Judicial Br.>Federal Courts) have many important duties. They share many powers. However, the 3 branches of government also watch over each other. This watching over is known as the system of checks and balances. Each branch acts as a control on the other two branches. The 3 branches also balance each other’s powers. The Constitution calls for a separation of powers in government. There are 3 main parts to the separation of powers idea:

No person may serve in more than one branch at a time; The Constitution lists the powers and duties of each branch of government; Each branch has enough power to check the power of the other branches.

That way no single branch becomes too powerful. The system of checks and balances was set up by the Constitution.

There is another way that the power of government as a whole is checked. This way is not mentioned in the Constitution. People help to check the power of government.

Because of the checks and balances system, one branch cannot work alone. All 3 branches must work together.