{"id":30984,"date":"2016-04-04T20:33:41","date_gmt":"2016-04-05T01:33:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article1\/annotation01.html"},"modified":"2024-11-07T16:33:32","modified_gmt":"2024-11-07T21:33:32","slug":"annotation01","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article1\/annotation01.html","title":{"rendered":"Separation of Powers Under the U.S. Constitution"},"content":{"rendered":"\n
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Separation of Powers Under the U.S. Constitution<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The Framers of the U.S. Constitution divided the federal government’s powers between three separate branches of government. This structure, they hoped, would prevent tyranny from a single branch, lead to an effective government, and preserve the liberty of U.S. citizens. <\/p>\n\n <\/div>\n\n

Separation of powers is one of the most well-known legal and political doctrines in constitutional law. The Founders devised this solution to avoid what they viewed as the tyranny of the British government.<\/p>\r\n

The United States Constitution’s<\/a> structure answers the question of "who" exercises the power to govern. This separation of powers doctrine (along with federalism<\/a> \u2014 which answers "how" power is divided) was important to the colonists. After all, the American colonists had just won a war against the British and their powerful central government. The structure they devised created a federal government that could govern the country effectively. At the same time, it ensured the liberty of the governed.<\/p>\r\n

This article provides historical background about how and why the Framers structured the Constitution, with an emphasis on the doctrine of separation of powers. It then describes each branch of government, including its powers and abilities to check the other branches.<\/p>\r\n

Why Do We Have a Separation of Powers?<\/b><\/h2>\r\n

The three branches of the U.S. government each have separate powers. This allows one branch to perform its tasks efficiently and effectively. However, it also allows each branch to "check" the other two branches’ actions. Therefore, although their powers are separate, they often overlap with the other branches.<\/p>\r\n

The separation of powers doctrine protects the life, liberty, and pursuit of happiness promised to citizens. It is also the key to the U.S. government and a reason why so many countries have based their constitutions<\/a> on the U.S. Constitution. No single branch of government has all the political power, nor does one have absolute power over the others. Instead, the Constitution sits as the supreme law of the land, and each branch must adhere to it.<\/p>\r\n

To understand why the United States of America designed its government with a unique separation of powers doctrine, it helps to understand the principles underlying the colonists’ decision to declare independence.<\/p>\r\n

The Declaration of Independence<\/b><\/h3>\r\n

At its core, the Declaration of Independence stands for the idea that the people should be free to govern themselves and protect their natural rights. The colonists relied on this principle because, for years, the British monarchy had ruled over them without giving them a say in governance. Political tensions arising over taxation without representation<\/a> ultimately led to the Revolutionary War and the signing of the Declaration of Independence.<\/p>\r\n

The Declaration of Independence<\/a>, signed July 4, 1776, states the following:<\/p>\r\n

"We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, & the Pursuit of Happiness\u2014that to secure these Rights, Governments are instituted among Men, deriving their just Power from the Consent of the Governed, that whenever any Form of Government becomes destructive of those Ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness."<\/p>\r\n

In the 11 years between declaring independence and the proposal of the U.S. Constitution, America struggled to govern itself. It did not resemble a unified country. Instead, it more closely resembled a military alliance between 13 separate countries<\/a>. There was some cooperation, as they each sent delegates to a Congress to discuss and debate common purposes and issues. However, Congress itself had little power to enforce rules.<\/p>\r\n

The Second Continental Congress<\/a> drafted the Articles of Confederation<\/a> in 1777, hoping to unify the 13 colonies. However, due to the ongoing war and disputes between colonies, the states did not ratify it until 1781.<\/p>\r\n

In practice, instead of creating the "United States," it’s more accurate to say it created a treaty between the states. Article III of the Articles created a "league of friendship," in which each state government had sovereignty, but the federal government had little power at all.<\/p>\r\n

Soon after defeating the British in 1783, America faced another threat\u2014itself. It managed to win the war but faced internal conflicts between the states<\/a>. Among other issues, individual states placed tariffs on goods traded by other states. Each state had its own constitution, and some refused to apply their laws to citizens from other states.<\/p>\r\n

A weak federal government had little in the way of authority to unite the states, with some openly defying Congress’ decisions. Additionally, the Articles did not allow amendments unless every state agreed to them.<\/p>\r\n

Before long, these disputes between the states threatened to destroy the new country. The country’s economy also suffered in the years after the American Revolution. Early America was a political mess, and Americans knew change was needed.<\/p>\r\n

The Constitutional Convention<\/b><\/h3>\r\n

In 1787, Congress called a convention of delegates from each state to amend the Articles of Confederation. Congress instructed the delegates to suggest changes to the existing government during the Constitutional Convention<\/a>. Instead, they quickly began creating an entirely new form of government. In essence, they plotted another political revolution \u2014 this time, over their own government.<\/p>\r\n

The delegates at the Constitutional Convention (the "Framers") included some of the most influential figures in American history. George Washington presided as president. Alexander Hamilton convinced Congress to call for the Convention in the first place. James Madison, known as the "Father of the Constitution," convinced skeptical delegates to attend the Convention, including Washington. He also drafted the Constitution and persuaded the Convention to accept it. Other Framers included the following:<\/p>\r\n