Sunday, July 28, 2019
Who has more power, Executivce, Judicial or Legislative branch Term Paper
Who has more power, Executivce, Judicial or Legislative branch - Term Paper Example In addition, one organ of the government can intrude into the area that has been demarcated as that of the other organs. This is possible in instances that have been explicitly provided for or that are incidental to the powers conferred (Separation of Powers: Constitutional Plan and Practice). In practice, considerable strife persists between the daily functioning of these three organs of government. There is a continuous effort by every organ to prevail over the other organs, and the executive is most active in such endeavors. Executive power in its entirety is vested with the President by the Vesting Clause of Article II of the US Constitution (Separation of Powers: Constitutional Plan and Practice). This has generated considerable debate in the country. These three branches frequently function in a manner that shows considerable overlapping of powers. Consequently, it would be more appropriate to term them as intertwined organs. For instance, Congress has to approve of the appointment of prosecutors of the Executive and judges of the Judiciary. In addition, Congress can impeach these prosecutors and judges (leg11). Furthermore, the Executive branch on several occasions is actively involved in altering laws, which constitutes a legislative function. Moreover, the Judiciary sets precedents and interprets laws, which is akin to making laws, and this constitutes a legislative function. In addition, the Executive branch consists of a number of departments that make regulations and judge people who breach regulations. This indicates that the Executive, on occasion, takes upon itself the powers of the Legislature and the Judiciary (leg11). The separation of powers doctrine was formulated with the express intent that there should not be an excessive concentration of power with any single branch of government. This was to be ensured, with greater emphasis, in the context of the
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