We are taught at an early age that there is a separation of powers.  Each branch of government will restrain the other from getting too large.  Do we really have that?  That’s the theory we’re told.  There’s no reason why one branch would restrain the other.  Each branch assists the other.  The separation of powers makes state actions seem legitimate.  They rule in favor of themselves.  They occasionally rule in favor of the people to keep up appearances.

The different branches of government are all part of the same tree.  The tree is the state.  So, any conflict, even involving the state itself, uses a state agent to decide the matter.  They’ll almost always rule in favor of themselves.  This just rubber stamps big government, and the people suffer.  To use that same logic.  Smith hits Jones.  Jones wants to press charges.  Now, Smith or one of his agents will review the matter.  What do you think the ruling will be?

More and more laws exist so the government becomes larger and larger as each branch assists the other in growing.  The judicial branch won’t restrain the leviathan because the leviathan is its boss.  The constitution won’t restrain them.  It’s just a piece of paper.  Someone must enforce it.  This task is left to the leviathan.  This is extremely odd.  If the logic doesn’t convince you, maybe history will.

Judges aren’t appointed based on merit.  They receive their position by their lack of morals and ideology.  A judge appointed by merit won’t be confirmed.  It’s very unlikely that they’ll rule in favor of the people.  He won’t be confirmed even if it’s suspected the judge may have such sympathies.  They aren’t appointed and confirmed by accident.  It’s all a sham to make the leviathan look legitimate.

There are supposed mechanisms to restrain the state.  However, these mechanisms just give the appearance of restraining the state.  Each branch will assist the other in growing.  The idea that they’ll be vigilantly watching the other is just absurd.  They rarely rule in favor of the people, and when they do it’s for appearances—I don’t deny that there are exceptions.  The only separation is that some humans have power over others.

Reference

Michael Huemer; The Problem of Political Authority