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2014-Essay Contest Winners

This Year’s Subject-The Fourth Amendment

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue , but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

 

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Winning Essay

“Separation of Powers”

Makayla Hughes

Paul Hadley Middle School- Mooresville, IN

 

 

Makayla-Hughes copyThe term, separation of powers, isn’t what it used to mean. The philosopher of the term, separation of powers, was Charles-Louis de Secondat in his book, Spirit of the Laws. He came up with these three powers to promote liberty to its fullest. In doing so, they must be separate and act independently.   But in the present, the barriers between them have become blurred, as the three branches are working so closely to come up with laws.

Health care has always been a big issue in the United States. The topic has been debated by professionals all over the country. One of the biggest points of contention in the debate is The Affordable Health Care Act also known as ObamaCare.  In the constitution, it doesn’t state that the government has to provide health care. It’s like when Thomas Jefferson was contemplating whether or not to make the Louisiana Purchase. It didn’t clearly state in the constitution that they could do that.

The Executive Branch, headed by President Barack Obama, has come up with a measure to provide affordable health care for all United States residents. This is an example of the legislative and executive lines being blurred. There is not a set law of providing health care in the United States Constitution.  In the Preamble of the Constitution, it states “…provide for the common defense, promote the general welfare…” The Supreme Court has never read into the Constitution as promising that the government will provide health care services for those who cannot afford it.

Steve Pearce, a United States congressman, has said, “The President has continually overstepped his boundaries.  In saying that it would be ‘unprecedented’ and ‘extraordinary’ for the Supreme Court to overturn his health care takeover, he is once again attempting to assert power where he has none. The founders of our nation set up the separation of branches of government to ensure that these types of political games did not negatively interfere in the governing process.” Pearce believes the Affordable Health Care Act is unconstitutional. George Will, from an online newspaper source, has written an article about the separation of powers becoming blurred. In this article he says, “Legislators…do more delegating than legislating. Often the “laws” they pass are expressions of sentiments or aspirations that executive branch rulemaking turns into real laws.” People from all across the nation are aware that the separation of power boarders is becoming blurred.

The Affordable Health Care Act is just one way that the branches are working together. When the lines are blurred, our country is prevented from reaching its greatest potential.  Our government representatives need to return to the intent of the Constitution.   The three branches must work separately in order for our country to promote liberty to its fullest capacity.

 

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