separation of powers

Examples of separation of powers in the following topics:

• Separation of Powers

  • Separation of powers is a doctrine in which each of the three branches of government have defined powers independent of each other.
  • Separation of powers is a political doctrine originating from the writings of Montesquieu in The Spirit of the Laws in which he urges for a constitutional government with three separate branches of government .
  • Each of the three branches would have defined powers to check the powers of the other branches.
  • This idea was called separation of powers.
  • This United States form of separation of powers is associated with a system of checks and balances.

• The Power of Judicial Review

  • Judicial review is an example of the separation of powers in a modern governmental system.
  • Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories on democracy and how a government should be set up, legislative supremacy and separation of powers.
  • The separation of powers is another theory about how a democratic society's government should be organized.
  • First introduced by French philosopher Charles de Secondat, Baron de Montesquieu , separation of powers was later institutionalized in the United States by the Supreme Court ruling in Marbury v.
  • It is based on the idea that no branch of government should be more powerful than any other and that each branch of government should have a check on the powers of the other branches of government, thus creating a balance of power among all branches of government.

• Checks and Balances

  • To get the three branches of government to cooperate, a system of checks and balances was created to achieve a fair separation of powers.
  • To prevent one branch of government from becoming too powerful, protect the minority from the majority, and induce the branches to cooperate, governments often employ a system of "checks and balances. " Like the concept of separation of powers, this idea is credited to Montesquieu.
  • An example of this is the president's veto power: the president can limit Congress's power by vetoing a bill.
  • The legislative passes bills, has broad taxing and spending power, controls the federal budget, and has power to borrow money on the credit of the United States.
  • Since that time, the federal courts have exercised the power of judicial review.

• Judicial Activism and Restraint

  • Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.
  • The question of judicial activism is closely related to constitutional interpretation, statutory construction and separation of powers.
  • Detractors of judicial activism argue that it usurps the power of elected branches of government or appointed agencies, damaging the rule of law and democracy.
  • Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.
  • When Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time magazine said he was not following the theory of judicial restraint.

• Vertical Checks and Balances

  • To prevent one branch of government from becoming supreme, to protect the minority from the majority, and to induce the branches to cooperate, government systems employ a separation of powers in order to balance each of the branches.
  • This is accomplished through a system of checks and balances which allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.
  • Some of these constitutional provisions enhance the power of the national government; others boost the power of the states.
  • The legislative branch (Congress) passes bills, has broad taxing and spending power, controls the federal budget and has power to borrow money on the credit of the United States.
  • The branch has sole power of impeachment (House of Representatives) and trial of impeachments (Senate), meaning it can remove federal executive and judicial officers from office for high crimes and misdemeanors.

• Chief Executive

  • The formal powers and duties of the president are outlined in Article II of the Constitution.
  • It is commonly used to refer to Presidential powers given by the constitution.
  • The Parliamentary system can be contrasted with a presidential system which operates under a stricter separation of powers, whereby the executive does not form part of, nor is appointed by, the parliamentary or legislative body.
  • Since the legislative branch has more power over the executive branch in a parliamentary system, a notable amount of studies by political scientists have shown that parliamentary systems show lower levels of corruption than presidential systems of government.
  • Identify the nature of the powers granted to the President in Article II of the Constitution

• Congress

  • Two constitutional clauses, the Constitution and Foreign Commerce Clause and the War Power Clause, give Congress foreign policy powers.
  • Congress is given several powers to engage in foreign policy, but also to check the president's actions foreign policy, especially in the event of war.
  • Therefore, in light of the speculation concerning the Gulf of Tonkin and the possible abuse of the authorization that followed, Congress passed the War Powers Resolution in 1973.
  • This separation of powers stalemate effect creates a "functional," if not unanimous, governmental opinion and outcome on the matter.
  • The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. " These powers are sometimes discussed as separate powers, but they are essentially important because trade is considered to be an important form of economic diplomacy between the United States and foreign nations.

• The Supreme Court as Policy Makers

  • The Constitution does not grant the Supreme Court the power of judicial review but the power to overturn laws and executive actions.
  • The Constitution does not explicitly grant the Supreme Court the power of judicial review but the power of the Court to overturn laws and executive actions it deems unlawful or unconstitutional is well-established.
  • Some argue that the Supreme Court is the most separated and least checked of all branches of government.
  • On the other hand, through its power of judicial review, the Supreme Court has defined the scope and nature of the powers and separation between the legislative and executive branches of the federal government.
  • Discuss the constitutional powers and authority of the Supreme Court and its role in developing policies

• Devolution

  • Devolution is the statutory granting of powers from central government to government at a regional, local, or state level.
  • Devolution is the statutory granting of powers from central government to government at a regional, local, or state level.
  • The District is separate from any state and has its own elected government, which operates much like other state with its own laws and court system.
  • However, the broad range of powers reserved for the 50 states cannot be voided by any act of U.S. federal government.
  • The governor of some states may also have power over local government affairs.

• The Powers of Local Government

  • Powers of local governments are defined by state rather than federal law, and states have adopted a variety of systems of local government.
  • Typically each state has at least two separate tiers of local government: counties and municipalities.
  • The states have adopted a wide variety of systems of local government.
  • In particular, towns in New England have considerably more power than most townships elsewhere and often function as independent cities in all but name, typically exercising the full range of powers that are divided between counties, townships and cities in other states.
  • In some states, a city can become independent of any separately functioning county government and function both as a county and as a city.