What are the differences between “separation of powers” and “federalism?” Support your answer with specific references to the U.S. Constitution

Only available on StudyMode
  • Download(s) : 721
  • Published : September 24, 2013
Open Document


Text Preview
Question: What are the differences between “separation of powers” and “federalism?” Support your answer with specific references to the U.S. Constitution. There’s not much of a difference between the separation of power and federalism. Separation of power is when the government is broken into three branches under the Constitution into the legislative, judicial, and the executive branch where each branch has the ability to check and balance each other’s powers over one another. Whereas federalism is when the Constitution distributes power evenly though the federal governments, states, and local governments. The United States federalism is somewhat different than the federalism you’d see in Nigeria, Brazil, Canada, and etcetera; the only difference between normal federalism and the U.S. federalism is that the state controls the power of local governments instead of the constitution. Separation of powers is known as the division of power among legislative, executive, and judicial branches of government. Back to 1748, Montesquieu, a French political theorist proposed dividing political authority into legislative, executive, and judicial powers. He believed that assigning each set of powers to a separate branch of government would promote liberty. Like Montesquieu, the Founders of the US also thought that promoted Liberty would help the US to develop better. Therefore, they decided to use the Separation of powers system. In the US, the Separation of powers works under "checks and balances" system, whereby each branch of government exercises some control over the others. In Article I, Section 1 of the Constitution, the Founders stated that "All legislative powers herein granted shall be vested in the Congress of the US. In Section 8 of this Article, they also gave the Congress expressed powers which included enumerated and delegated powers, and implied power which is also called "elastic clause". This clause gives Congress the right to make all laws "necessary and...
tracking img