| Abstract [eng] |
The principle of the separation of powers is one of the main principles in rule of law. It says that all three branches (the legislature, executive and judiciary) have to be separate enough to act independently and to have enough power to control two other branches at the same time. The control is necessary in preserving government from power concentration and lost of liberty. This principle was implemented when framing the governmental system in the USA and was named “checks and balances”. Framing the complicated system of the separation and interdependence of powers, the Framers intended to save the nation from the tyranny and to secure the effective functioning of the governmental branches. The Framers were particular about the functions of Congress and the President, because they expected the most danger from the legislature, but did not trust the President also. J. Madison comprehensively justified the necessity of the separation of powers and its constitutional determination in “the Federalist” papers. Constitutional provisions determining the functions of the governmental institutions were adopted for the future changes and to resolve the conflicts arisen. In the long run, it was proved that the Framers were right: both the President and Congress are intended to transcend their functions, but there are the third branch – the Court – to execute its constitutional obligation in solving the conflicts arisen between Congress and the President and “balancing” two other branches. There have been analysed the development of the separation of powers between Congress and the President during the crises in this master thesis. The ninetieth century could be called the century when Congress prevailed (with rare exceptions) in the governmental system of the USA. Eventually, the Presidential power constantly grows in the twentieth century. When balancing two other branches the Court can not execute congressional functions – only Congress itself is able to resist the influence of the executive and to gain its former power back: Congress should balance the executive in the long run. The principle of the separation of powers eventually functions and implements goals established in the Constitution. |
