Dialnet-TheSeparationOfPowersInUnitedStatesOfAmerica-3046701.pdf

Furthermore those constitutional provisions intended

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Furthermore, those constitutional provisions, intended to establish a “balanced Constitution,” are best understood as a means to maintain the constitutional separation of powers rather than, as the case in mixed regimes, to insure any balance of power between the major social interests or classes. This, at least, was Madison’s understanding that was also widely shared by members of the Constitutional Convention. III. POLITICAL DEVELOPMENTS AND CHANGING THEORETICAL PERSPECTIVES As intimidated above, this understanding of separation of powers and, in particular, the status and role of Congress, has changed markedly since the time of founding. The most far reaching aspect of this change is not attributable to modifications of the Constitution or to judicial interpretations relating to the respective powers of the Congress and president. Indeed, the Constitution in most important particulars relating the division of powers has not changed since its inception. If anything, save for certain provisions in the Bill of Rights, the first ten 31. Perhaps this point is best illustrated by looking at The Federalist and the attention devoted to each of the branches. The legislature is treated first in fifteen essays (52-36); ten devoted to the House of representatives, five to the Senate; the executive next in eleven essays (67-77); and the judiciary in six (78-83). 272
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