All of this came from an Englishman in the 1600’s named John Locke. He said “that a country’s founder should create a separation of powers for their government,” or a system of government in which different institutions exercise various components of governmental power. Locke came up with the first two powers, the legislative and executive, but the judicial power was thought up by a French philosopher Charles de Secondat sixty years after the writings of Locke.

After the Articles of Confederation, the f

The third branch of the Constitution was the judicial branch. This power was written in Article 3 of the Constitution. When coming up with this branch, they did not know if there should be state court or federal courts. The delegates knew that there should be a Supreme Court, but could the state courts be trusted to follow the laws in the Constitution? They like the idea of judicial review because it followed the Constitution and was a form of checks and balances. After that, the Supremacy, which stated “the Constitution is the supreme law of the land to which all judges are bound.” This means, in a way, that the Supreme Court can declare state laws and federal laws unconstitutional. This issue on judicial review was not solved until 20 years later, when the Supreme Court ruled that judicial review was ok.

The delegates first made the necessary and proper clause, which said that Congress has the power to “make all laws which shall be necessary and proper for carrying into execution.” The New Jersey Plan was made for small state proposal for Constitutional reform. When these clauses were voted on, it was thought that neither of the two plans would work. The Connecticut Compromise was put into action. The Connecticut Compromise stated that there would be a House of Representatives made to proportionate the population. A Senate would also be made in which all states were represented equally. Congress was now given the power to tax, coin money, regulate commerce, declare war, and maintain an army. These powers were put in Article 1 of the Constitution.

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Some topics in this essay:
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