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18 August, 07:10

What if one branch were to be more powerful than the others?

Give examples for every branch and what would happen.

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  1. 18 August, 08:29
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    The United Stated Federal system of government has 3 branches that have different functions in governing the people. The Legislative, Judicial and Executive branches of government are ALL powerful at different times and different situations. The framers of the constitution of the new USA Federal government intended that all branches of government are subject to a system of "checks and balances". These "checks and balances" are meant that each branch can exert influence or deny any branch to much power that might in fact usurp the will and desires of the people.

    It's like a bigger and more sophisticated version of Rock, Paper, Scissors. For those of you that don't know this American childhood game ... here is an outline.

    With all that being said ... if all branches are working within and for the law of the land the system of checks and balances works great in theory and practice - most of the time! However, it has been proven several times in USA history that the Judicial Branch has the power to establish new interpretations of existing law. That means that a single judge in a state jurisdiction can essentially have the power and capability to halt Executive and Legislative actions. Additionally, laws that have some ambiguity go to the Supreme Court for adjudication. The Supreme Court does not make new laws but can enforce an existing law into a new domain and thus have the ability to supersede the established law of the land with a new interpretation.

    So ... the Judicial branch tends to have a more "final" say in their use of power. That is why so many people are concerned about "activist judges" ... the Judicial Branch has a lot of power to usurp the will of the people.
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