The reason for government is always the same. It is to unite the people to preform a common goal. What that goal may be depends on the ideal of the people; but the role of government is ALWAYS the same: United Effort.
In order to get that unity any government HAS to do three things:
1. Create laws move people to that goal (legislate )
2. Enforce those laws. (executive)
3. Have a trusted means to settle disputes with in the nation (judicial)
It was agreed that the AOC simply could not be fixed and that a new Constitution was needed yet so great was the people's distrust of any central government that the reforming convention had to meet and be sworn to secrecy.
Let us look at the three basic powers of government
1. Create laws move people to that goal (legislate )
2. Enforce those laws. (executive)
3. Have a trusted means to settle disputes with in the nation (judicial)
The first question is what to do with those powers as they were a fact and part of the very nature of government and like it or not, the reality was, that the 13 states needed a central government, if the nation was to survive.
In most of Europe that power was given to a king but in the new USA we had learned NOT to trust any king and we still dont; be his name Trump or Obama. Ok so the king could not have all the power. How about giving that power to a parliament? You kidding was the reply. We just got done fighting a war with those guys!!!! SO we simply could not have the parliamentary system that England had..Basically the law making branch can make and enforce almost any law it wishes
So what to do?
The first step was to realize that power was like a drink that humans love and will always want more of. People can rationalize 100 reasons for wanting power. Fact is they get drunk on it and the only balance for power IS power.
So we set us a system of checks and balances:
Congress can create laws but it CANNOT enforce them...The Executive (President) can enforce laws but he cannot make them. The Judaical may invoke the power of law ( ask that the rulings be enforced) but it cannot make law or enforce it. ( I know that the lines have been violated by the branches over the last 200 odd years and we will talk about that later in Constitution 601, this is simply how thing SHOULD work)
Tomorrow: The legislative branch.
In order to get that unity any government HAS to do three things:
1. Create laws move people to that goal (legislate )
2. Enforce those laws. (executive)
3. Have a trusted means to settle disputes with in the nation (judicial)
It was agreed that the AOC simply could not be fixed and that a new Constitution was needed yet so great was the people's distrust of any central government that the reforming convention had to meet and be sworn to secrecy.
Let us look at the three basic powers of government
1. Create laws move people to that goal (legislate )
2. Enforce those laws. (executive)
3. Have a trusted means to settle disputes with in the nation (judicial)
The first question is what to do with those powers as they were a fact and part of the very nature of government and like it or not, the reality was, that the 13 states needed a central government, if the nation was to survive.
In most of Europe that power was given to a king but in the new USA we had learned NOT to trust any king and we still dont; be his name Trump or Obama. Ok so the king could not have all the power. How about giving that power to a parliament? You kidding was the reply. We just got done fighting a war with those guys!!!! SO we simply could not have the parliamentary system that England had..Basically the law making branch can make and enforce almost any law it wishes
So what to do?
The first step was to realize that power was like a drink that humans love and will always want more of. People can rationalize 100 reasons for wanting power. Fact is they get drunk on it and the only balance for power IS power.
So we set us a system of checks and balances:
Congress can create laws but it CANNOT enforce them...The Executive (President) can enforce laws but he cannot make them. The Judaical may invoke the power of law ( ask that the rulings be enforced) but it cannot make law or enforce it. ( I know that the lines have been violated by the branches over the last 200 odd years and we will talk about that later in Constitution 601, this is simply how thing SHOULD work)
Tomorrow: The legislative branch.
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