What happen after George Washington sent Alexander Hamilton home? Marking

basic principles: federalism, separation of powers, checks and balances, judicial review, representative democracy, limited government, rule of law, individual rights and responsibilities, consent of the governed, majority rule, popular sovereignty, equal protection.

in the united states, the president is controlled by the

constitution, and in all respects subordinate to it. insofar

as it deals with presidential power, however, the american

constitution has proved to be a highly malleable document.

with very few exceptions,' the constitutional provisions relating to the president have not been changed at all since

they were ratified in 1787. but in the late twentieth century, those provisions do not mean what they meant in

1787. the constitution is a legal document, and it is enforced judicially; but its meaning was hardly fixed when it

was ratified. in particular, the contemporary president has

far broader powers than the original constitution contemplated. it is remarkable but true that large-scale changes in

the authority of the president have been brought about

without changes in the constitutional text, but nevertheless

without significant illegality.

this is a paradox. is it not clear that constitutional

changes, if not textual, are illegal? the paradox has considerable relevance to our current thinking about the presidency in particular and about constitutionalism in general.

perhaps the framers of the american constitution feared

legislative power most of all; 2 but from well-known events

in the twentieth century, it is possible to conclude that it is

presidential power that holds out the greatest risks to both

liberty and democracy. the president is by far the most visible leader in the nation; he is often the only person in government with a national constituency. moreover, he is

separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.   the intent is to prevent the concentration of power and provide for checks and balances.  

the traditional characterizations of the powers of the branches of american government are:

* the legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.

* the executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

* the judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

forty state constitutions specify that government be divided into three branches:   legislative, executive and judicial.   california illustrates this approach; "the powers of state government are legislative, executive, and judicial.   persons charged with the exercise of one power may not exercise either of the others except as permitted by this constitution."

while separation of powers is key to the workings of american government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. as a result, there is an inherent measure of competition and conflict

minnesota:   minnesota house research,   separation of powers: when statutes and court rules conflict, 2005