Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.
Message: 16th Principle--The government should be separated into three branches
Your Vote:
Did you know?
You can earn activity points by filling your profile with information about yourself (what city you live in, your favorite team, blogs etc.)
16th
Principle
The government should be
separated into three branches --
legislative, executive, and judicial.
Principle
The government should be
separated into three branches --
legislative, executive, and judicial.
-
-
A popular pastime among political writers in ancient
times was attempting to decide what form of government was
best. Some argued for a monarchy with a single, powerful
ruler. Others preferred an aristocracy where the "best
families" of the nation were allowed to rule. Yet a third
favored a pure democracy where decisions were to be made
by the whole people. Unfortunately none of these systems
furnished the security and justice which were expected of
them.
times was attempting to decide what form of government was
best. Some argued for a monarchy with a single, powerful
ruler. Others preferred an aristocracy where the "best
families" of the nation were allowed to rule. Yet a third
favored a pure democracy where decisions were to be made
by the whole people. Unfortunately none of these systems
furnished the security and justice which were expected of
them.
-
Then came Polybius.
-
Polybius was a Greek who lived 204 to 122 B.C. Next to
Herodotus and Thucydides, Polybius is recognized as the
greatest of all Greek historians. When Greece was conquered
by Rome, Polybius was deported to the Roman capital
Previously, Polybius had rendered illustrious public service
to the Achaean League, a confederation of city states.
However, he quickly recognized the advantages of the Roman
republic which had been set up to govern millions. Polybius
became a friend and ally of Rome, traveling widely on military
and diplomatic missions to Europe, Asia, and Africa. His rich
practical and scholarly experience finally culminated in his
writing forty books of history!
Polybius was a Greek who lived 204 to 122 B.C. Next to
Herodotus and Thucydides, Polybius is recognized as the
greatest of all Greek historians. When Greece was conquered
by Rome, Polybius was deported to the Roman capital
Previously, Polybius had rendered illustrious public service
to the Achaean League, a confederation of city states.
However, he quickly recognized the advantages of the Roman
republic which had been set up to govern millions. Polybius
became a friend and ally of Rome, traveling widely on military
and diplomatic missions to Europe, Asia, and Africa. His rich
practical and scholarly experience finally culminated in his
writing forty books of history!
-
The Political Insights of Polybius
Polybius felt there was an element of genius in each of
the three types of government being discussed by
philosophers. A monarchy had the executive strength needed
to direct the administration of the government, particularly
in time of war. An aristocracy, on the other hand,
represented the vested interests of wealth and the developed
resources of the nation. A democracy, meanwhile,
represented the interests of the masses of the population
without which neither a monarchy nor an aristocracy could
exist.
The Political Insights of Polybius
Polybius felt there was an element of genius in each of
the three types of government being discussed by
philosophers. A monarchy had the executive strength needed
to direct the administration of the government, particularly
in time of war. An aristocracy, on the other hand,
represented the vested interests of wealth and the developed
resources of the nation. A democracy, meanwhile,
represented the interests of the masses of the population
without which neither a monarchy nor an aristocracy could
exist.
-
Unfortunately, none of these systems, when allowed to
govern, provided equality, prosperity, justice, or domestic
tranquility for the whole society. Polybius felt he understood
why this was so:
"Even more keenly than Aristotle, he [Polybius] was
aware that each form carried within itself the seed of its
own degeneration, if it were allowed to operate without
checks and balances provided by opposing principles.
Monarchy could easily become tyranny, aristocracy sink
into oligarchy [oppressive government by a few rich
families], and democracy turn into mob rule of force and
violence." (William Ebenstein, Great Political Thinkers, p.
Polybius Proposes a "Mixed" Constitution
But since all three systems represented unique and
essential elements for the governing of a people, why not
combine them into a single system? Polybius saw the
synthesizing process of all three ingredients beginning to
develop in the Roman system, but shortly after Polybius died,
the Romans abandoned their principles of a republic and
eventually set up an emperor. Thus came to an end what
Polybius had hoped would be the first three department
constitution in history. He visualized the strength of a
monarchy being assigned the executive duties of government;
the interests of wealth and the "established order" would be
represented in the Senate; the interests of the general
populace would be represented in the popular Assembly.
Polybius felt that if these three departments were set up as
coordinated equals they could perform their necessary
functions, but at the same time counter-balance one another
as a restraining mechanism so that no one of them would
acquire sufficient power to abuse the people.
Unfortunately, none of these systems, when allowed to
govern, provided equality, prosperity, justice, or domestic
tranquility for the whole society. Polybius felt he understood
why this was so:
"Even more keenly than Aristotle, he [Polybius] was
aware that each form carried within itself the seed of its
own degeneration, if it were allowed to operate without
checks and balances provided by opposing principles.
Monarchy could easily become tyranny, aristocracy sink
into oligarchy [oppressive government by a few rich
families], and democracy turn into mob rule of force and
violence." (William Ebenstein, Great Political Thinkers, p.
Polybius Proposes a "Mixed" Constitution
But since all three systems represented unique and
essential elements for the governing of a people, why not
combine them into a single system? Polybius saw the
synthesizing process of all three ingredients beginning to
develop in the Roman system, but shortly after Polybius died,
the Romans abandoned their principles of a republic and
eventually set up an emperor. Thus came to an end what
Polybius had hoped would be the first three department
constitution in history. He visualized the strength of a
monarchy being assigned the executive duties of government;
the interests of wealth and the "established order" would be
represented in the Senate; the interests of the general
populace would be represented in the popular Assembly.
Polybius felt that if these three departments were set up as
coordinated equals they could perform their necessary
functions, but at the same time counter-balance one another
as a restraining mechanism so that no one of them would
acquire sufficient power to abuse the people.
-
"When the legislative and executive powers are
united in the same person, or in the same body of
magistrates, there can be no liberty; because
apprehensions may arise, lest the same monarch OR
senate [legislature] should enact tyrannical laws, to
execute them in a tyrannical manner." (The Spirit of
Laws, Great Books of the Western World, vol. 38,
Encyclopedia Britannica, Inc., Chicago, 1952, p. 70;
emphasis added.)
united in the same person, or in the same body of
magistrates, there can be no liberty; because
apprehensions may arise, lest the same monarch OR
senate [legislature] should enact tyrannical laws, to
execute them in a tyrannical manner." (The Spirit of
Laws, Great Books of the Western World, vol. 38,
Encyclopedia Britannica, Inc., Chicago, 1952, p. 70;
emphasis added.)
-
"Again, there is no liberty, if the judiciary power be
not separated from the legislative and executive. Were it
joined with the legislative, the life and liberty of the
subject would be exposed to arbitrary control, for the
judge would then be the legislator. Were it joined to the
executive power, the judge might behave with violence
and oppression." (Ibid.)
not separated from the legislative and executive. Were it
joined with the legislative, the life and liberty of the
subject would be exposed to arbitrary control, for the
judge would then be the legislator. Were it joined to the
executive power, the judge might behave with violence
and oppression." (Ibid.)
-
Development of "Separation of Powers" in America
-
It may come as a surprise to modern Americans to learn
how slowly the doctrine of "separation of powers" was
accepted in America. The states were perfectly willing to set
up a single executive, a separate legislature (usually with an
upper and a lower house), and also an independent judiciary,
but they were certainly not agreeable to setting up a three
department government on the federal level.
It will be recalled that when the Articles of Confederation
were written, neither an executive nor a judiciary was
provided for. Provision was made for a Congress of
representatives from the various states, but even the
Congress had no taxing power or enforcement power. It was
simply a "committee of the states."
It may come as a surprise to modern Americans to learn
how slowly the doctrine of "separation of powers" was
accepted in America. The states were perfectly willing to set
up a single executive, a separate legislature (usually with an
upper and a lower house), and also an independent judiciary,
but they were certainly not agreeable to setting up a three
department government on the federal level.
It will be recalled that when the Articles of Confederation
were written, neither an executive nor a judiciary was
provided for. Provision was made for a Congress of
representatives from the various states, but even the
Congress had no taxing power or enforcement power. It was
simply a "committee of the states."
-
John Adams Writes Separation of Powers
into a State Constitution
into a State Constitution
-
It is interesting that in spite of all the opposition John
Adams encountered, he did succeed, almost singlehandedly,
in getting his state to adopt a constitution based on
separation of powers. For the first time in the world a
constitution read:
"In the government of the Commonwealth of
Massachusetts the legislative, executive and judicial
powers shall be placed in separate departments, to the
end that it might be a government of laws and not of
men...." (Ibid., p. 252.)
It is interesting that in spite of all the opposition John
Adams encountered, he did succeed, almost singlehandedly,
in getting his state to adopt a constitution based on
separation of powers. For the first time in the world a
constitution read:
"In the government of the Commonwealth of
Massachusetts the legislative, executive and judicial
powers shall be placed in separate departments, to the
end that it might be a government of laws and not of
men...." (Ibid., p. 252.)
-
A Constitution for 300 Million Freemen
-
Nevertheless his political precepts of the "divine science"
of government caught on. Even Pennsylvania revised its
constitution to include the separation of powers principle,
and Benjamin Franklin, one of the last to be converted,
finally acknowledged that the Constitution of the United
States with its separation of powers was as perfect as man
could be expected to produce. He urged all of the members of
the Convention to sign it so that it would have unanimous
support.
Nevertheless his political precepts of the "divine science"
of government caught on. Even Pennsylvania revised its
constitution to include the separation of powers principle,
and Benjamin Franklin, one of the last to be converted,
finally acknowledged that the Constitution of the United
States with its separation of powers was as perfect as man
could be expected to produce. He urged all of the members of
the Convention to sign it so that it would have unanimous
support.
-
John Adams said it was his aspiration "to see rising in
America an empire of liberty, and the prospect of two or three
hundred millions of freemen, without one noble or one king
among them." (Ibid., p. 191.)
John Adams said it was his aspiration "to see rising in
America an empire of liberty, and the prospect of two or three
hundred millions of freemen, without one noble or one king
among them." (Ibid., p. 191.)
Loading...
Loading...
New Message
Please
login
to post a reply