LA SEPARACIÓN DE PODERES Y EL SISTEMA DE PESOS Y CONTRAPESOS EN ESTADOS UNIDOS: DEL SUEÑO DE HAMILTON, MADISON Y MARSHALL A LA AMENAZA DE LA PRESIDENCIA IMPERIAL

Abstract

The objective of this paper is to determine whether, after 230 years of the Constitution of the United Stated of America, the pillars of the separation of powers and the system of checks and balances that authors like Hamilton, Madison and Marshall helped design or, otherwise, whether what some authors call “the imperial presidency” has been implemented. The methodology used is of a dogmatic historical nature. The conclusion is that the personality of the president of the American Union has become a noninstitutionalized limit which is extremely dangerous and contradicts the very idea of the Rule of Law. Facing the threat of the “president emperor”, today it is unavoidable to remember the principles that inspired the Constitution of the United States and the limits it imposes on the different powers, including the executive. Key worDs: United States, constitution, imperial presidency, constitutionality control, system of checks and balances, Trump. David Mendieta y Mary Luz Tobón-Tobón