Two details of liberty are clearly understood by a free
people:
1)
The difference between vertical separation of
powers (between levels of government like federal, state and local) and
horizontal separation of powers (between branches of government on the same
level, like legislative, executive and judicial)
2)
The difference between checks and balances
When the regular people don't understand these kinds of
freedom nuances, freedom is truly in jeopardy.
The important distinction between vertical and horizontal
powers was covered in an earlier daily email.
A check occurs when one branch or level of government uses
its constitutional authority to stop the action of another branch or level of
government.
The framers often called this a "negative."
A balance occurs where a branch or level of government takes
action but that the action cannot be completed without another branch or level also
taking action; the two branches or levels must work together to accomplish the
action.
The framers often called this a "positive."
The overall goal of the framers was to take the major
entities of government at all levels (federal, state and local) and branches
(legislative, executive and judicial) and ensure that each had the power to
effectively do their individual job without any one level or branch gaining
power over the others.
By delegating different but generally equal powers to each
branch and level, power is also kept from centralizing and becoming dangerous
to the freedoms of the people.
In such a system, each branch and level of government can be
checked by some other branch or level, and in major actions (like going to war,
taxing and spending, and passing laws) the branches and levels are required to
work with each other (balances) to get things done.
Each branch and level of
government is a watchdog on the other branches and levels.
This is the
Constitutional system.
When the system deteriorates, it is the fault of the people
because it is ultimately up to the regular people to read the federal and state
constitutions and ensure that no branch or level of government steps outside
its constitutional authority.
Freedom can only last when the people fulfill
this vital job.
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