Who Should Have Power In America?


Which branch has the power?

 I believe America’s founders were vague in their description of the executive branch in comparison to the legislative branch because they believed the legislative branch would overpower the executive branch. There needed to be a lot more restraints put on the legislative branch so it would not rage out of control.

James Madison supported a strong and independent executive branch that would be capable of good decision making traits. He even wrote, “I see, and politically feel, that that [executive] will be the weak branch of the government.” He later added, in explanation, “The legislative department alone has access to the pockets of the people.”

Madison believed treason and bribery alone should be the sole grounds for presidential impeachment, so as not to put the president at the mercy of his political enemies through vague reasons of impeachment.

Alexander Hamilton wrote in his Federalist Papers that the judicial branch would be the “least dangerous branch of government.” He pointed out the judicial branch lacked the power of the executive branch and the political drives of the legislature. Its sole purpose was to objectively interpret and apply the laws of the land. As such, its role would be limited. He was definitely wrong because the judicial branch has become the dominant branch of government.

Legislative bodies often leave laws purposely vague, which will result in the law later being almost re-written so it is specific to the time in which it is used. The framers of The United States Constitution did this also because they foresaw it being changed a lot.

The executive branch has many people and departments, with no law-making or interpretation authority. This setup is because Americans do not want the total power and decision making abilities of their country to reside in the hands of one man, the American president. America’s founding fathers left a monarchy to create their own kingdom through democracy, and they never wished for America to return to that state of being.

The CIA or FBI should never fall under the legislative branch because those departments are setup to protect American’s rights and freedoms, not to make American laws. If the FBI made the laws it upheld, it would have total freedom to deny American Constitutional Rights through such acts as quartering of FBI agents, searches without warrants, seizures of whatever private property the FBI wanted, and countless other intrusions.