HCBA Lawyer Magazine Vol. 28, No. 3 | Page 48

Law week 2018 – fraMework for freeDoM , seParation of Powers : MarCh 5-9 , 2018 law Week Committee Chairs : Stephanie Generotti – Cole , Scott & Kissane & Dane Heptner – Perenich Caulfield Avril & Noyes , P . A .

The Charters of Freedom — the Declaration of Independence , the Constitution , and the Bill of Rights — establish American Democracy . Each of these documents secures the rights of the American people and is instrumental in expressing the ideals , framework , and philosophy that our country is founded upon . One of the most basic principles of American Democracy is the theory of Separation of Powers .

Separation of Powers is a concept that was designed to control the abuse of government by preventing one branch of government from encroaching on another . To safeguard our freedom , the Constitution provides for a system of checks and balances . As we learned in grade school , each branch has certain powers , and each branch of government is limited by , and accountable to , another branch . Our founding fathers developed these safeguards to prevent oppression and abuse of power in government .
“ It is agreed on all sides , that the powers properly belonging to one of the departments , ought not to be directly and completely administered by either of the other departments . It is equally evident , that neither of them ought to
possess directly or indirectly , an overruling influence over the others in the administration of their respective powers . It will not be denied , that power is of an encroaching nature , and that it ought to be effectually restrained from passing the limits assigned to it .” James Madison , Federalist No . 48 ( 1788 ).
This year , the HCBA , along with its Young Lawyers Division , will host Law Week from March 5-9 , 2018 , for our local elementary , middle , and high school students . Law Week exposes students to the legal profession through courthouse tours , an art competition , mock-trials , and classroom discussions . Law Week ’ s 2018 theme , “ Separation of Powers , Framework for Freedom ,” will allow students to experience and understand the roles of our branches of government , how each relates to and influences the law , and the importance of distributing power .
Our founders believed that Separation of Power was essential to prevent overruling influence and ensure the preservation of liberty . “ The accumulation of all powers , legislative , executive and judicial in the same hands , whether of one , a few , or many , and whether
our goal is for students to gain new appreciation for the importance of having a government founded upon separation of powers .
hereditary , self – appointed , or elective , may justly be pronounced the very definition of tyranny .” James Madison , Federalist No . 51 ( 1788 ). Our goal is for students to gain new appreciation for the importance of having a government founded upon Separation of Powers , to understand how each branch interacts and overlaps with the others , to appreciate the significance of checks and balances for each branch in order to prevent abuse of power , and to recognize the value of ensuring that the legislative , executive , and judicial branches of our government work together to preserve democracy and promote the liberties afforded to us in our Constitution .
Please contact co-chairs , Dane Heptner and Stephanie Generotti , if you are interested in volunteering and / or serving on our committee at : www . hillsbar . com / group / LawWeek .
Author : Tiffany Love McElheran - Bush Ross , P . A .
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