Examples of separation of powers in the following topics:
-
- The Separation of Powers is defined as the division of the executive, legislative, and judicial branches of government.
- The political doctrine of the separation of powers found in the United States Constitution originated in the writings of Montesquieu in The Spirit of the Laws, where he urged for a constitutional government with three separate branches of government.
- This idea was called separation of powers.
- This United States' form of separation of powers is associated with a system of checks and balances.
- This procedure is an integral part of the constitutional design for the separation of powers.
-
- The United States Constitution set out three separate branches of government: the legislature, executive branch, and judiciary.
- The political doctrine of the separation of powers found in the Constitution originated in the writings of French intellectual Montesquieu in The Spirit of the Laws, wherein he urged for a constitutional government comprising three separate branches of government.
- Each branch would have defined powers to check the powers of the other branches.
- This idea was called separation of powers, and also came to be known as a system of checks and balances.
- Congress, however, which has the power to set the jurisdiction of the courts, may limit judicial power to review the constitutionality of laws.
-
- Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
- However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
- According to the Constitution, there is one simple provision that "the judicial power of the United States shall be vested in one supreme Court. " What this judicial power was or how the Court was to wield it is left remarkably blank in the rest of the document.
- Madison, Justice Marshall defined the Court's judicial power as the authority to judge the actions of the other two federal branches of government—claiming that judicial review was a logical and implicit principle established in the Constitution.
- Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.
-
- Although the Constitution expressly delegates to the federal government only some of the usual powers of sovereign governments (such as the powers to declare war and make treaties), all such powers inherently belong to the federal government as the country's representative in the international community.
- Similarly, the federal government, as an attribute of sovereignty, has the power to enforce those powers that are granted to it.
- The federal government exercises its supreme power not as a unitary entity, but instead via the three coordinate branches of government (legislative, executive, and judicial), each of which has its own prescribed powers and limitations under the Constitution.
- In addition, the doctrine of separation of powers functions as a limitation on each branch of the federal government's exercise of sovereign power.
- In the American system of government, constitutional law recognizes a federation of state governments separate from (and not subdivisions of) the federal government, each of which is sovereign over its own affairs.
-
- The sovereignty of the states as opposed to the power of the federal government has been a longstanding issue in American politics.
- Similarly, the federal government, as an attribute of sovereignty, has the power to enforce those powers that are granted to it (e.g. the power to "establish Post Offices and Post Roads" includes the power to punish those who interfere with the postal system so established).
- In addition, the doctrine of separation of powers functions as a limitation on each branch of the federal government's exercise of sovereign power.
- A unique aspect of the American system of government is that, while the rest of the world views the United States as one country, domestically, American constitutional law recognizes a federation of state governments separate from (and not subdivisions of) the federal government, each of which is sovereign over its own affairs.
- Compare the sovereignty of the states to the power of the federal government
-
- Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of political theorists.
- In the Federalist Papers, Hamilton argued that the separation of powers in the new republican system would prevent any one political faction from dominating another (at the state and federal level) and, therefore, preclude the possibility of tyranny.
- This ruling has since been termed the "doctrine of implied powers."
- Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of American leaders and political theorists.
- Though the Constitution was ambiguous as to the exact balance of power between national and state governments, Hamilton consistently argued in favor of greater federal power at the expense of the states, especially in his efforts to strengthen the national economy.
-
- The United States is a union of states, each with its own individual powers.
- Under this view of federalism, the federal government only has the powers expressly granted to it, while the states retain all other powers.
- Similarly, the federal government, as an attribute of sovereignty, has the power to enforce those powers granted to it.
- Additionally, the doctrine of separation of powers functions as a limitation on each branch of the federal government's exercise of sovereign power.
- A unique aspect of the US system of government is that, while the rest of the world views the United States as one country, domestically, US constitutional law recognizes a federation of state governments separate from (and not subdivisions of) the federal government.
-
- Ogden, both of which broadly expanded the power and supremacy of the national government.
- The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
- The Court invoked the "Necessary and Proper" clause of the Constitution, which allowed the federal government to pass laws not named in the Constitution's list of express powers, provided those laws usefully furthered the express powers of Congress under the Constitution.
- State action may not impede valid constitutional exercises of power by the Federal government.
- Marshall avoided the issue of exclusivity of federal powers over commerce, claiming it was not essential to the case.
-
- Black Power meant a variety of things.
- The Nation of Islam advocated the separation of white Americans and African Americans because of a belief that African Americans could not thrive in an atmosphere of white racism.
- Unlike Carmichael and the Nation of Islam, most Black Power advocates did not believe African Americans needed to separate themselves from white society.
- Though Black Power at the most basic level refers to a political movement, Black Power was also part of a much larger process of cultural change.
- The 1960s composed a decade not only of Black Power but also of Black Pride.
-
- The policy proposed to keep China open to trade with all countries on an equal basis, keeping any one power from total control of the country, and calling upon all powers, within their spheres of influence, to refrain from interfering with any treaty port or any vested interest, to permit Chinese authorities to collect tariffs on an equal basis, and to show no favors to their own nationals in the matter of harbor dues or railroad charges.
- During the First Sino-Japanese War in 1895, China faced an imminent threat of being partitioned and colonized by imperialist powers such as Britain, France, Russia, Japan, and Germany.
- The United States felt threatened by other powers' much larger spheres of influence in China and worried that it might lose access to the Chinese market should the country be partitioned.
- However, by July 1900, Hay announced that each of the powers had granted consent in principle.
- The doctrine asserted that the New World and the Old World were to remain distinctly separate spheres of influence, for they were composed of entirely separate and independent nations.