Last week, a federal judge in Seattle had lifted the immigration ban that Donald Trump put in place. The American president has now targeted the judicial power on Twitter. By doing this, he openly questions the constitutional separation of powers.
The Republicans have the majority in Congress which makes the party and the president very powerful; this means that the judges are the counterforce against Trump. Trump said that if something goes wrong, these ‘so-called’ judges are responsible. Making such is statement is hateful and it undermines the power of the judicial system. Additionally, contempt of court refers to actions which either defy a court’s authority, cast disrespect on a court, or impede the ability of the court to perform its function; and is an offense.
The separation of powers, or trias politica, is a model for the governance of a state. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. The division of the three branches is into a legislature, judicial and executive power. The importance of the separation of powers is to prevent the concentration of powers.
The argument behind the separation of powers is that when a group or even a single person becomes too powerful, they can become dangerous to citizens; it is a method for make it more difficult to abuse power. If one group or person would have all three powers, their power would be unlimited. They could specify any law, arresting the ‘criminal’ and then decide that they are guilty. By requiring the consent of all three powers, it is more likely that the government will not initiate violence.