Q: What is the Intent of Framers?
Intent of Framers: reflects distrust of power & practical considerations
– the debates about the adoption of state constitutions of 1776-1787 tells us that separation of powers was essential to free govt b/c it protected liberty by avoiding usurpation of power by branches & preserved independence of citizens b/c it avoided tyranny of one branches.
– 18th Cent. philosophers were concerned about protecting liberty & challenge of adapting institutions of mixed govt. in popular sovereignty.
– no consensus existed as the precise way to satisfy competing interests.
– no clear agreement on the meaning of separation of powers other than to protect against tyranny.
– the early interaction of the branches were not compelled by any doctrine, but rather the practical & political consideration of efficiency.
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