Separation of powers and checks and balances발음듣기
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Separation of powers and checks and balances
39문장
100% 한국어
번역 4명 참여
출처 : 칸아카데미
Separation of powers and checks and balances
[Instructor] This is a great excerpt from Federalist 51 by James Madison.
And just as a reminder, the Federalist Papers which were written by Hamilton, Madison, John Jay were an attempt to get the Constitution passed to get it ratified.
So these were really kind of op-eds that they were publishing to convince people.
But this is a great passage.
If men were angels, no government would be necessary.
If angels were to govern men neither external nor internal 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.
And it goes on to talk about how we can keep government from becoming too powerful by.
So contriving the interior structure of the government as that its several constituent parts may by their mutual relations be the means of keeping each other in their proper places.
And so remember, this was in defense of the Constitution so arguably this was in place that somehow this Constitution had contrived an interior structure.
So that the several constituent parts of government by their mutual relations would keep each other in their proper places or you could even say keep each other in check.
So in line with this passage there's really two big ideas embedded in the Constitution as to how our government is structured.
The first is this notion of separation of powers.
We have three branches of government.
You have your executive, headed by the president.
You have your legislative branch, which is Congress. Legislative.
And you have your judicial branch which is the US Supreme Court.
And this notion of separation of powers is that you have these fairly independent branches of government.
And the idea was to make them reasonably independent so that one group, one branch could not take over the others.
The legislative branch, Congress they're charged with budget and they're charged with creating and passing laws.
The executive branch, headed by the president is supposed to execute, run the government based on the laws that Congress passes.
And you have the judicial branch that would decide whether things say laws that Congress is passing or actions that the executive's taking they say, "Hey, is that constitutional?"
Or they can interpret laws.
So these different powers are put into these different branches.
The powers are separate.
Now related to that is another very powerful idea and this is keeping each other in their proper places and so this is the idea of checks and balances.
Each of these can't do whatever they want.
They're all balancing each other.
They all have checks on each other.
For example, the executive can veto the legislative branch can veto a law passed by Congress but then the legislative branch can override that veto.
The legislative branch, they control the budget so it's not like the president or the executive can do whatever they want.
Or that they can just spend as much money as they want and the judicial branch, in both cases, can be a check and they're saying, "Hey, you're doing something that is unconstitutional,"
Or, "We're going to interpret the laws that the legislature has passed."
The executive appoints the judicial but even there, you have to get congressional buy-in.
So once again you have these independent branches of government all the power isn't in one, and they are interdependent.
They provide checks and balances on each other and this is all about what Federalist 51 is talking about so that by their mutual relations they are the means of keeping each other in their proper places.
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And just as a reminder, the Federalist Papers which were written by Hamilton, Madison, John Jay were an attempt to get the Constitution passed to get it ratified.발음듣기
대기중
If angels were to govern men neither external nor internal controls on government would be necessary.발음듣기
대기중
In framing a government which is to be administered by men over men the great difficulty lies in this:발음듣기
대기중
So contriving the interior structure of the government as that its several constituent parts may by their mutual relations be the means of keeping each other in their proper places.발음듣기
대기중
And so remember, this was in defense of the Constitution so arguably this was in place that somehow this Constitution had contrived an interior structure.발음듣기
대기중
So that the several constituent parts of government by their mutual relations would keep each other in their proper places or you could even say keep each other in check.발음듣기
대기중
So in line with this passage there's really two big ideas embedded in the Constitution as to how our government is structured.발음듣기
대기중
And this notion of separation of powers is that you have these fairly independent branches of government.발음듣기
대기중
And the idea was to make them reasonably independent so that one group, one branch could not take over the others.발음듣기
대기중
The legislative branch, Congress they're charged with budget and they're charged with creating and passing laws.발음듣기
대기중
The executive branch, headed by the president is supposed to execute, run the government based on the laws that Congress passes.발음듣기
대기중
And you have the judicial branch that would decide whether things say laws that Congress is passing or actions that the executive's taking they say, "Hey, is that constitutional?"발음듣기
대기중
Now related to that is another very powerful idea and this is keeping each other in their proper places and so this is the idea of checks and balances.발음듣기
대기중
For example, the executive can veto the legislative branch can veto a law passed by Congress but then the legislative branch can override that veto.발음듣기
대기중
The legislative branch, they control the budget so it's not like the president or the executive can do whatever they want.발음듣기
대기중
Or that they can just spend as much money as they want and the judicial branch, in both cases, can be a check and they're saying, "Hey, you're doing something that is unconstitutional,"발음듣기
대기중
So once again you have these independent branches of government all the power isn't in one, and they are interdependent.발음듣기
대기중
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