Welcome to the first of five installments of Ballotpedia’s Learning Journey on the separation of powers, a foundational principle of the U.S. Constitution. Sometimes referred to as the system of checks and balances, the separation of executive, legislative and judicial functions into three distinct branches of government was designed to thwart a concentration of power.
In The Federalist No. 47, James Madison wrote that the “accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
This Learning Journey is designed to provide you with an understanding of the relevant constitutional text, the philosophical origins of the principle, its application, and its current challenges.
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Separation of powers and the Constitution
The first three articles of the Constitution establish the distinct powers of the executive, legislative, and judicial branches. The framework is both philosophical and practical.
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Article I: Legislative branch
Article I begins: “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.” There are 10 sections in Article 1 that, among other things, delineate the structure of the institution; qualifications for office and the election process. Article 1 also confers on Congress:
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“Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.”
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“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Article 1 also bars states from taking a variety of actions, including entering into treaties or interference in trade.
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Article II: Executive branch
Article II vests executive authority in the president (for both domestic law and foreign policy); details the manner of election; establishes the president as Commander in Chief of the Army and Navy; empowers the president to appoint justices of the U.S. Supreme Court (with the advice and consent of the Senate); and delineates succession in the event a president is removed from office or unable to perform the duties of the office.
The term “executive authority” in Article 1 refers to the president’s responsibility to “take care that the laws be faithfully executed.” This includes management of federal departments and agencies, and the implementation and enforcement of regulation.
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Article III: The Judiciary
Article III declares: “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.” The term “judicial power” refers to interpreting the Constitution and the law, and applying those interpretations to the disputes before the court(s).
Article III also delineates the type of cases that fall under the jurisdiction of the federal judiciary, including:
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Constitutional disputes;
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Cases arising from application of federal laws;
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Cases affecting treaties, ambassadors, and other public ministers and consuls;
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Cases of admiralty and maritime jurisdiction;
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Controversies to which the United States is a party;
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Controversies between two or more states, or between a state and citizens of another State;
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Cases involving citizens of different States.
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Let’s review:
The separation of powers refers to the division of legislative, executive, and judicial functions into three distinct branches of government. The Framers applied this principle to prevent a concentration of powers. The Constitution vests the legislative branch (Congress) with the power to make law; the executive branch with the power to execute the law; and the judicial branch with the power to interpret the law.
What's Next?
Tomorrow, we examine the importance of the separation of powers for safeguarding liberty. Join us then!
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