COMPARATIVE LAW

'Separation of Powers' and 'Checks and Balances'



'Separation of Powers' and 'Checks and Balances'

Introduction

The developers of the Constitution of the United States carried out within the government, which ensured the fight against injustice and oppression, while at the same time, creating a climate ripe for good government.

Discussion

The fundamental basis of this system was and still is federalism. In the turbulence following the Declaration of Independence in 1776, it was clear that the scattered American colonies were not interested in creating a strong executive leadership. The supreme authority of George III and oppression associated with his rule provided the fear and dislike of power among the colonies, which led the founders of the Constitution to create new limitations and separation of powers. Tyranny was tested federalist system, because it creates dual federalism "of two sovereigns, instead of one. Both national and state power was limited to the independent creation of national and state governments. Because of this division, this meant that there would be another chance the tyranny of a unitary government in the U.S.. Indeed, for a half-century, state governments a larger share of power, while the national government was strangled by economic power. "Federalism strong states and weak national government ruled until 1937, when the Supreme Court to revise the trade between states, so the national government to regulate local economic conditions (Lowi, 2000, p. 17). Thus, because of this separation of powers, trade is regulated at the local level, and people were better represented than before, as the "federalism freed states to make so many important policies in accordance with the wishes of its own citizens. This means that dual federalism allowed facilitation of good government in the United States during the turbulent period where strong national government, possibly polarized and fragmented the country by implementing policies of its own (Yate, 1812, p. 72).

It also allows a good performance and Trade, later the struggle for power between the national and state governments have created a better service for the population, producing a more effective interaction between government and participation in people's lives. In 1937, the Supreme Court granted the national government a huge increase in power, "throwing out the distinction between intrastate and interstate commerce, which allows more power over the national economy." (Troper, 1973, p. 122)This meant that national governments become involved at the local level in addition to its regulation of interstate commerce communications and energy services. Nature of federalism, however, means that the national government has no constitutional authority to order the city to do his will, and therefore in 1930 Congress provided grants in aid to state and local authorities, "provided that the money will be spent for a particular purpose, as designed by Congress, such as housing and roads. Later, in 1960, Congress began to provide grants for projects proposed for the competition, the money was only awarded to state and local government with a better offer. This increases the good government, because it means that people receive only the best services ...