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A true separation of powers???
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4/23/2016 6:31:32 AM
Posted: 11 months ago
Is a true separation of powers system one in which a legislator cannot be a President; a President cannot be a legislator; and neither can be a judge or vice versa?
What I refer to is the entrenchment of the political class. If a senator is then elected President, is he likely to exercise that office against the interests of the political class of which he was originally a part? Wouldn't it be better if no legislator could ever be elected President; and no President (or Governor) could ever be elected a legislator?
In line with the vision of the Founding Fathers as 'citizen-legislators', and in my view, no one person should ever hold different offices AT ANY TIME IN THEIR LIFE. If a person serves as legislator, that's it - they shouldn't be allowed to serve as President (ever), because in theory this is a breach of the doctrine of 'separation of powers.' From this perspective, the holding of such office would be seen as 'public service.' Once you've done your six years as President or your twelve years as congressmen, that should be it; you've done your service, and you move on for someone else to take that place.
Now, one argument against this is that having people crossover into the different branches is beneficial because that person is bound to have the necessary experience to carry out office as President. But, really? Are we to say that amongst the 300 million or so Americans, that only the 535 members of Congress and the hundreds of other persons who serve as legislators/Governors in the States are the only people qualified for public office, etc.
So, is the entrenchment of the political class the true threat to liberty?