Part 1
The United States government consists of the executive, the Congress, and the judiciary as the three branches of government. Vile (2012) illustrated that the roles of each branch of the government is clearly defined and differentiated from the other in a system provided by the separation of powers. The principle of separation of power provides that each department has its distinct role to avoid overstepping of their mandate. As such, the role of separation of power is to avoid tyrannical rule. It also ensures that the rule of law is adhered to and basic tenets of fairness are respected. Therefore, the framers of the constitution gave each branch some powers over the other to avoid the likelihood of encroachment. In fulfilling the separation of power, the different forms of government must keep checks on balances on each other. Therefore, in summary, the separation of power can be defined as a set of government responsibilities divided to limit one branch from exercise the powers of the other.
The executive, for instance, has a role in administering and implementing a public policy which has been enacted and funded by the Congress. However, the executive through the president has veto powers and can also propose new laws to the Congress. Vile (2012) asserted that the executive nominates the Supreme Court judges and other judges and can also pardon convicted criminals. The Congress practices the separation of powers by focusing on enacting laws and approving budgets necessary for government operation. They can, however, put checks and balances on the executive by overriding vetoes with a two-thirds majority. Senate can also reject any proposed treaty with the same majority. The Congress can impeach the president. In checking and balancing the judiciary, it can create lower courts, reject judge nominees, or amend the constitution to overturn Supreme Court ruling. Lastly, the judicial branch interprets laws and the constitution. It can use its powers in ruling that the actions of either the Congress or executive as unconstitutional.
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Part 2
The author intimates that the system of separation of power is under intense pressure from the institutions and practices of the administrative state. The US system of governance has for instance been accused of suffering from the effects of an identity crisis (Kesler, 2007). However, this is against the scope of liberty which states that separation of power helps in preventing the possibility of tyrannical rule. For instance, the role of the Congress has since diverted from the traditional lawmaking to acting as investigator, ombudsman, and regulator in their roles as committee members. I agree with the assertions that the principle of separation of power continues to suffer the challenge of pressure hence jeopardizing its existence. For instance, in Turkey, in the wake of the coup attempt, faced a test to determine its fidelity to the separation of power. However, the executive was accused on various occasions of influencing court decisions that would lead to incarceration of innocent journalists.
The article continues to give insights on the traditional way in which separation of power existed regarding the Congress passing the laws, then executed by the president, and then the court interprets them in cases (Kesler, 2007). However, there is an increasingly massive departure from this conventional arrangement of things, and this sets a center stage for tyrannical rule. Another country that depicts a false separation of power is Russia. Whereas the country identifies itself as a true democracy that adheres to the tenets of separation of powers, the president has been given dominant in the political sphere such as issuing decrees hence causing an asymmetrical power between the three arms of government.
References
Vile, M. J. C. (2012). Constitutionalism and the Separation of Powers . Liberty Fund.
Kesler, C.R. (2007, December 17). What Separation of Powers Means for Constitutional Government. https://www.heritage.org/political-process/report/what-separation-powers-means-constitutional-government
