The Lack of Executive Power, Right of Taxation, and Judicial Body: A Triad of Governance

In democratic systems of governance, the separation of powers is a foundational principle aimed at preventing the concentration of authority in a single branch of government. Three key components of this separation are the lack of executive power, the right of taxation vested in the legislative branch, and the establishment of a judicial body. This triad of governance forms the backbone of many democratic nations, ensuring checks and balances and safeguarding the rights and interests of their citizens. In this article, we will explore these components and their crucial roles in democratic systems.

1. Lack of Executive Power

The lack of executive power is a fundamental aspect of democratic governance that prevents any one individual or entity from amassing excessive authority. In a democratic system, executive power is vested in a separate branch of government, often led by an elected head of state or government, such as a president or prime minister. This branch is responsible for implementing and enforcing laws, managing foreign affairs, and overseeing the administration of government agencies.

The division of powers between the legislative, executive, and judicial branches ensures that executive authority is checked and balanced by the other branches. This separation is vital for preventing potential abuses of power and maintaining democratic principles.

2. Right of Taxation

The right of taxation is a significant prerogative held by the legislative branch of government. In democratic societies, it is typically the elected representatives in the legislature who have the authority to impose and collect taxes from the citizenry. This authority plays a pivotal role in shaping government revenue, which, in turn, funds public services, infrastructure, and social programs.

The separation of taxation powers from the executive branch is essential because it ensures that taxation policies are subject to public debate, scrutiny, and approval. Elected representatives must justify taxation decisions to their constituents, enhancing transparency and accountability in government finances.

3. Judicial Body

The establishment of an independent judicial body is another cornerstone of democratic governance. The judicial branch is responsible for interpreting and applying the law, resolving disputes, and upholding the rule of law. Its primary function is to ensure that government actions adhere to the constitution and legal framework, protecting the rights and liberties of citizens.

The judiciary’s independence from the executive and legislative branches is vital for maintaining the integrity of the legal system. Judges are typically appointed through a process that ensures their impartiality, and they serve as a check on government actions, including executive orders and legislation that may infringe upon individual rights.

Checks and Balances

These three components—the lack of executive power, the right of taxation vested in the legislative branch, and the establishment of an independent judicial body—work in tandem to create a system of checks and balances in democratic governments. Each branch has distinct responsibilities and can limit the powers of the others to prevent abuses and protect the rights of citizens.

For example, if the executive branch oversteps its authority, the judicial branch can rule its actions unconstitutional. Likewise, if the legislative branch attempts to enact unjust or excessive taxes, it may face opposition from both the executive and judicial branches.

In conclusion, the separation of powers, which includes the lack of executive power, the right of taxation vested in the legislative branch, and the establishment of an independent judicial body, is a fundamental principle of democratic governance. This triad of governance ensures that no single branch of government becomes too powerful, upholds the rule of law, and protects the rights and interests of citizens. It is a testament to the enduring commitment of democratic nations to maintain accountable and balanced systems of governance.

The goal of the Articles of Confederation was not an ambiguous one; the appointed authors of the Articles of Confederation were determined to prevent even the slightest chance of a monarchical presence. As a result, they opted to strip the centralized government of any power and leverage over any of the individual sovereign states. Though the newly-appointed centralized government retained the ability to create and maintain a military and postal service, manage foreign affairs, declare war, establish peace treaties, and coin money, their power was halted in any and all issues involving the 13 states.

Though the Articles of Confederation allowed the central government to request taxes and payments from the states, these requests could only be proposed in the form of a donation – there no longer existed a right of taxation. As a result, the few aspects of control and power that the central government did retain, like the formation of a military and postal service, were contingent on donations from the individual states. Should any State refuse payment, the central government had no legal authority to penalize them for withholding funding. In addition, the little power that the central government did have was stifled by its inability to enforce the upholding of laws due to the lack of any acting judicial body. For instance, there existed neither an appointed President to maintain the law nor a judicial body to uphold the integrity of the law.

As a result of the Articles of Confederation, the only branch of Government that existed was the legislative branch, but even its power was flawed. Though the legislative branch of the central government could institute laws, it was powerless to enforce them should a State (or states) refuse to embrace a law passed by the central government.

Because the Articles of Confederation disallowed the central government to enforce the collection of taxes, it found itself in a financial crisis. The central government had soon discovered that it was unable to not only manage the few allowances of power that it was granted by the Articles of Confederation but also unable to maintain them without proper funding. Without a right to taxation, the central government became destitute; both the postal service, as well as the military, were on the brink of dissolution.

Though the central government still retained the ability to coin money, the paper notes that they were printing were not backed by any hard currency. Because the nation needed both a postal service as well as a military, the central government was forced to fund both organizations with worthless money, and as a result, created the devaluation of all currency in circulation.

The Articles of Confederation stated that a law would only be passed in the event that 9 out of the 13 states agreed upon its validity. As a result, the creation of new laws became difficult. In addition, due to the sovereignty of the states, the establishment of national foreign policy was an impossibility. Foreign countries that wished to trade with the United States of America were subject to 13 individual trade regulations.

Although the authors of the Articles of Confederation sought out to spare the collective citizens of any possibility of the return of a totalitarian rule, the elimination of any control that the central government could exercise in its dealing with the individual states proved to be antithetical to the establishment of any national policy.