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Topic: Separation of powers

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Separation of powers under the United States Constitution

Three powers of the State

United States of America

Checks and balances

Executive (government)

Checks and balances

Checks and balances

Federalist Papers

Judiciary

Legislative veto

Legislative power

Parliamentary system

	I. THE CONSTITUTIONAL SEPARATION OF POWERS BETWEEN THE PRESIDENT AND CONGRESS
		The constitutional boundaries between the powers of the branches must be determined "according to common sense and the inherent necessities of the governmental co-ordination." J.W. Hampton, Jr., and Co. v.
		Furthermore, although the general principle marks the boundary of the law of separation of powers, it is inappropriate for the executive to regard this as defining the outer limit of proper separation of powers policy objections to legislation.
		The power to suspend an officer, finally, was held to be "an incident of the power of removal." Burnap v.
	www.usdoj.gov /olc/delly.htm (14791 words)

	Separation of Powers: Introduction (Site not responding. Last check: 2007-11-02)
		At issue was not whether the proposed Constitution embodies the separation of powers to some extent (few denied that), but whether its separation is adequate, whether the purposes for the sake of which separation of powers is indispensable are indeed well served by the peculiar manner in which the Constitution effects and compromises that separation.
		The executive's power to convene and prorogue the legislature and to veto its enactments are forms of self-defense, while the legislature's power to impeach and try the agents or ministers of the executive is necessary and sufficient to hold the executive accountable to examination without holding him hostage.
		For Wilson separation entails a clear discrimination of powers, an independence whereby each power conducts its deliberations free of external influence, and a dependence whereby the actions of each are subject to scrutiny and control by the others.
	press-pubs.uchicago.edu /founders/documents/v1ch10I.html (2327 words)

	Kids.Net.Au - Encyclopedia > Separation of powers
		Separation of powers is the doctrine that each branch of government is separate and has unique powers that the other branches of government may not interfere with.
		In the United States the separation of powers is between the Legislative branch the Executive branch and the Judicial branch of government.
		The concept of separation of powers is rejected to some degree by many nations, especially those with parliamentary systems in which the executive is really a subset of the members of the legislature.
	www.kids.net.au /encyclopedia-wiki/se/Separation_of_powers (436 words)

	Separation of powers at AllExperts
		The separation of powers (or trias politica, a term coined by French political thinker Montesquieu) is a model for the governance of the state.
		The essential difference between the separation of powers as developed in common law theory and in France was that in the former, the checks and balances inherent in the mixed constitution and in Montesquieu's analysis were incorporated into the doctrine.
		Powers internal to the legislature are split between its two houses, the Senate and the House of Representatives.
	en.allexperts.com /e/s/se/separation_of_powers.htm (3043 words)

	Vile, Constitutionalism and the Separation of Powers (1967): The Online Library of Liberty
		The revolutionary potentialities of the doctrine of the separation of powers in the hands of the opponents of aristocratic privilege and monarchical power were fully realized in America and France, and its viability as a theory of government was tested in those countries in a way which all too clearly revealed its weaknesses.
		The doctrine of the separation of powers was for centuries the main constitutional theory which claimed to be able to distinguish the institutional structures of free societies from those of non-free societies.
		The terminology of the “powers” of government came to be applied both to the representative organs of mixed government, and to the functionally divided agencies of the separation of powers.
	oll.libertyfund.org /Texts/LFBooks/Vile0263/0024_Bk.html (12836 words)

	Patterns of Integrity -- Separation of Duties
		In constitutional law the separation of duties pattern is often called "separation of powers." The dangerous power of being able to make and enforce statutes is divided into several branches, each responsible for only certain steps in the lawmaking and/or law implementation cycles.
		In Britain, the power of the legislature kept growing until finally the Cabinet, elected directly from the legislature, usurped the role of the monarch in the 18th century.
		In England the legislature, by usurping the executive role, is probably too powerful; in the U.S. after the New Deal (and the rise of administrative lawmaking in the executive branch) it may too weak relative to the executive branch.
	szabo.best.vwh.net /separationofduties.html (1179 words)

	CITES BY TOPIC: separation of powers
		Under this constitutional doctrine of "separation of powers," one branch is not permitted to encroach on the domain or exercise the powers of another branch.
		Separation of powers was designed to implement a fundamental insight: concentration of power in the hands of a single branch is a threat to liberty.
		Separation of powers operates on a vertical axis as well, between each branch and the citizens in whose interest powers must be exercised.
	famguardian.org /TaxFreedom/CitesByTopic/SeparationOfPowers.htm (13633 words)

	Separation of Powers
		Separation of media and state: The founders always believed that a free and independent media was a precursor to an accountable and moral government and they wrote the requirement for freedom of the press into the First Amendment to the U.S. Constitution.
		The Constitution's division of power among the three branches is violated where one branch invades the territory of another, whether or not the encroached-upon branch approves the encroachment.
		Indeed, the facts of this case raise the possibility that powerful incentives might lead both federal and state officials to view departures from the federal structure to be in their personal interests.
	famguardian.org /Subjects/LawAndGovt/Articles/SeparationOfPowersDoctrine.htm (4329 words)

	K-Zone law -- Separation of powers: the reality
		The concept of separation of powers is not a new one, nor is it confined in its operation to modern democracies.
		There are further problems with the separation of powers between the executive and the judiciary, although these are less troublesome in practice than they have the potential to be.
		Separation of powers requires that these bodies remain in a state of dynamic interplay, with no one body being able to dominate the others.
	www.kevinboone.com /separation.html (2152 words)

	Separation of Powers
		The primary purpose of this separation of powers provision is to prevent the commingling of different powers of government in the same hands.
		The powers granted to departments of government necessarily overlap to some extent and the concept of separation of powers is not one that is capable of precise legal definition yielding clear solutions to intergovernmental disputes (Stolberg v.
		A state statute is unconstitutional under the separation of powers doctrine if it confers on one branch the duties that exclusively belong to another branch or if it confers the duties of one branch on another and these duties significantly interfere with the orderly performance of the latter’s essential functions (State v.
	www.cga.ct.gov /2005/rpt/2005-R-0221.htm (710 words)

	Separation of Powers: Doctrine and Practice - NSW Parliament
		Power thus divided should prevent absolutism (as in monarchies or dictatorships where all branches are concentrated in a single authority) or corruption arising from the opportunities that unchecked power offers.
		It was a high water mark in institutionalising individual liberty through the separation of powers and one embedded even further by early judgements of the Supreme Court but, as the struggles, inefficiencies and political gamesmanship illustrated by the recent Clinton impeachment attempt or by Congress’s delaying of budgets, it also made government harder.
		Executive power was nominally allocated to the Monarch, or her representative the Governor-General (Section 61), while allocating it in practice to the Ministry by requiring the Governor-General to act on the Government’s advice (subject, of course to the Governor-General’s controversial ‘reserve powers’).
	www.parliament.nsw.gov.au /prod/parlment/publications.nsf/0/E88B2C638DC23E51CA256EDE00795896 (2707 words)

	FindLaw: U.S. Constitution: Article I: Annotations pg. 1 of 58
		Yet, it does grant to three separate branches the powers to legislate, to execute, and to adjudicate, and it provides throughout the document the means by which each of the branches could resist the blandishments and incursions of the others.
		Inasmuch as the doctrines of separation of powers and of checks and balances require both separation and intermixture, 9 the role of the Supreme Court in policing the maintenance of the two doctrines is problematic at best.
		Following a lengthy period of relative inattention to separation of powers issues, the Court since 1976 13 has recurred to the doctrine in numerous cases, and the result has been a substantial curtailing of congressional discretion to structure the National Government.
	caselaw.lp.findlaw.com /data/constitution/article01/01.html (2540 words)

	Separation of Powers in Maldives
		The separation of powers is an established constitutional principle.
		The theory of separation of powers has been developed by writers as far back as Aristotle, who, writing in the 4th century BC, recognised that the “rule of a master is not a constitutional rule”(see footnote 1) and that government has three functions.
		The President also has powers to “promulgate decrees, directives and regulations, as may be required from time to time for the purposes of ensuring propriety of the affairs of the government and compliance with the provisions of the Constitution and law” under Article 42(e).
	www.minivannews.com /news/news.php?id=118 (2337 words)

	Education World® : Lesson Planning Center : Teacher Lesson Plans : Separation of Powers and Checks and Balances
		The principle of separation of powers draws lines that divide the powers held by distinct branches at a single level of government.
		The system of separation of powers is designed to reduce the risk that a single branch might act independently and abuse its power.
		Separate functions and powers are assigned to each of the three branches of the national government.
	www.education-world.com /a_tsl/archives/00-1/lesson0014.shtml (1033 words)

	Constitutional Topic: Separation of Powers - The U.S. Constitution Online - USConstitution.net
		The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.
		The following are the powers of the Judiciary: the power to try federal cases and interpret the laws of the nation in those cases; the power to declare any law or executive act unconstitutional.
		When the President's party holds power in the legislature, he is quite powerful, but it is quite diminished when the legislature is not controlled by his party.
	www.usconstitution.net /consttop_sepp.html (2672 words)

	Separation of Powers
		The concept of Separation of Powers is one such measure.
		The premise behind the Separation of Powers is that when a single person or group has a large amount of power, they can become dangerous to citizens.
		The Separation of Power is a method of removing the amount of power in any group's hands, making it more difficult to abuse.
	www.importanceofphilosophy.com /Politics_SeparationPower.html (304 words)

	Separation of Powers and a System of Checks and Balances - National Constitution Center (Site not responding. Last check: 2007-11-02)
		By distributing the essential business of government among three separate but interdependent branches, the Constitutional Framers ensured that the principal powers of the government, legislative, executive and judicial, were not concentrated in the hands of any single branch.
		The Separation of Powers, by which the executive, legislative, and judicial branches are to be independent and not infringe upon each other's rights and duties, is one of the basic doctrines in the US Constitution.
		This balancing of power is intended to ensure that no one branch grows too powerful and dominates the national government.
	www.constitutioncenter.org /explore/BasicGoverningPrinciples/SeparationofPowersandaSystemofChecksandBalances.shtml (210 words)

	Walter M. Weber on Terri Schiavo on National Review Online
		The seven supreme-court justices hinged their ruling on two constitutional doctrines that supposedly doomed Terri's Law: the separation of powers and the unlawful delegation of authority.
		Separation of powers, of course, is a familiar concept.
		The governor's power to pardon criminals, of course, is quintessentially discretionary.
	www.nationalreview.com /comment/weber200409290847.asp (823 words)

	Separation of Powers
		The increasingly blurred separation of these two branches of government is dangerous because, those who design and enact policies should be held accountable to the citizens whom such policies effect.
		If the power to make policy decisions is taken away from legislators and is placed in the hands of the justice system—where most officials are not elected, and in some cases are appointed for life—voting citizens give up the right to hold policy-makers accountable for their decisions.
		The Act reaffirms the constitutional doctrine of the separation of powers, which prevents “unelected” officials from creating public policy.
	www.alec.org /2/2/talking-points/3.html (278 words)

	Constitution Day - Separation of Powers
		Under a system of checks and balances, power is divided among different branches of government.
		This system is based upon the idea that each branch will be protective of its own power and, thus, prevent, intrusions upon it from other branches–thereby preventing any one branch of government from becoming too powerful.
		The U.S. Constitution established three separate but equal branches of government, the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law).
	www.uscourts.gov /outreach/resources/separationofpowers.html (485 words)

	Separation of Powers Under the United States Constitution
		James Madison, in his original draft of what would become the Bill of Rights, included a proposed amendment that would make the separation of powers explicit, but his proposal was rejected, largely because his fellow members of Congress thought the separation of powers principle to be implicit in the structure of government under the Constitution.
		All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
		The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/separationofpowers.htm (2053 words)

	Separation of Powers
		That principle of democratic government, the separation of powers doctrine, is at the very foundation of a government of the people, for the people, and by the people, and is included in the Alabama Constitution of 1901.
		The executive and legislative branches of the State have broad powers and responsibilities, but the powers of each branch of government are bounded by the mandates and restraints of the constitution of the State of Alabama.
		This principle of separation of powers of government that is now included in the Alabama constitution was first decided in the famous case of Marbury v.
	www.fa-ir.org /ai/separation.htm (2547 words)

	Separation of Powers
		John claims it is, using traditional arguments against tyranny and the consolidation of power for the support of separation of branches of government.
		Kathleen says separation of powers is absolutely necessary, even though it makes government a bit inefficient, the founding fathers were rebelling against monarchy and wanted to ensure that radical changes could not be made easily in their system.
		John brings up the point that original ideas of separation of powers didn't consider political parties to be a big issue, and Kathleen talks about the historical changes which have brought us to associating separation of powers with limiting the power of one party.
	www.philosophytalk.org /pastShows/SeparationPowers.html (913 words)

	Liberal Democrat Voice » Opinion: The Separation of Powers (Site not responding. Last check: 2007-11-02)
		His observations became the basis of his seminal work, The Spirit of the Laws, and, misunderstanding the British system of the time, he formed the theory of the “separation of powers”, between the legislative (Parliament), executive (the king) and the judiciary.
		With a separate mandate, the PM will no longer be a member of parliament and it would be expected his ministers would not be either.
		There may be a strong argument for enshrining the powers and duties of the head of government in clear legislation.
	www.libdemvoice.org /opinion-the-separation-of-powers-396.html (1632 words)

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