The Separation of Powers

Paper Summary:

This paper sheds light on the separation of powers and the system of checks and balances in the US system of government that regulates the powers of the executive, legislative and judicial branches. The paper also discusses the concerns that the failure by the Supreme Court or Congress to interfere with the executive's actions in the current Iraq war may be resulting in the abrogation of constitutional protections. Furthermore, the paper shows how the system of checks and balances was established to safeguard against encroachment by one branch onto another and to ensure that no member of the executive or legislative branch is placed beyond the scope of the law during the course of his or her time in office.

From the Paper:

"Congress fulfills the legislative role, and is the only body that can make federal laws. Moreover, Congress cannot delegate its legislative powers to any other governmental body. However, Congress can delegate some of its lesser powers to other governmental branches. In addition, Congress retains some control over the executive and judicial branches through the power of impeachment. The President fulfills the executive role, and is in charge of executive officers who ensure that the nation's laws are enforced. However, presidential power only extends to executive agencies, not quasi-judicial or legislative agencies. The executive branch exercises some control over the judiciary because it nominates judicial appointees. In addition, the executive branch exercises some control over the legislative branch because of the power of the Presidential veto. The judicial power is given to the Supreme Court and the lower courts. The judicial power is only exercised by constitutional courts; though Congress can establish legislative courts to determine issues of public rights, those courts cannot exercise judicial power."

Sample of Sources Used:

• ACSBlog. "Issue Brief: 'A Call to Protect Civilian Justice: Beware the Creep of Military Tribunals." Separation of Powers. 2008. ACSBlog. 19 Mar. 2008 <http://www.acsblog.org/cat-separation-of-powers.html>.
• Clinton v. Jones, 520 U.S. 681 (1997).
• Cole, David. "The Constitution." Harper's Magazine. 2007. The Harper's MagazineFoundation. 19 Mar. 2008 <http://www.harpers.org/archive/2007/06/0081546>.
• Dames & Moore v. Regan, 453 U.S. 654 (1981).
• Madison, James. "Federalist No. 48." The Federalist Papers Online. 1778. Interesting.com. 19 Mar. 2008 <http://www.foundingfathers.info/federalistpapers/fedindex.htm>.

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