Framers Ideals And Legislation Essay, Research Paper
Framers Ideals and Legislation
Branches on the Tree of Liberty
Why, if one were concerned with protecting human liberty, would one want to make the legislative branch of government dominant rather than the executive or judicial? Are these good reasons for someone concerned with liberty to distrust a strong executive or a powerful judicial?
When the framers wrote the constitution they had one thing in mind, liberty. In order to grant liberty to each and every citizen of the U.S. framers had to develop an entirely new form of government know as a Republic. It was agreed that the only way to preserve liberty is to have the citizens play a role in the government, but not directly. If a direct democracy were put into effect, fleeting passions and large factions who suppress the minorities’ needs would control the country. Direct democracy would clearly not preserve the deserved liberties of the people.
It was decided then, that the legislative branch should be granted most of the power of the government and not the executive branch, judicial branch or even the people themselves. With the legislative branch having all or most of the power, representatives from all states can discuss issues and a make a compromise that is in the best interest of people. With this system factions are controlled, minorities are not left out, passing popularities do not dictate the agenda and liberties are protected.
When one’s interests are purely directed towards preserving human liberty it is easy to distrust power in anything but the judicial branch. If the executive or judicial branch were granted all or most of the power the liberties of the people would simply be trampled on. The elite in power at the time would base the countries policies and laws around the needs of their class alone regardless of what the public wants and deserves. Having the executive branch rule would be like have a dictatorial democracy. A contradiction of terms and yet a possibility in which our government would claim that they are operating under democratic centralism. Also, laws would be based on only a few people’s opinions and not on the needs or wants of the people. If the judicial or executive branch were granted the majority of the power in this country, corruption would rule and human liberty would not be sustained.