Title: How the U.S. Constitution Separates National Power
Headings: How the U.S. Constitution Separates National Power
How the U.S. Constitution Separates National Power
Separation of Powers in the Central Government
1. Theory of Separation of Powers
2. Separation of Powers among Three Governmental Branches
Executive Power
3. Checks and Balances
Congress
President
Courts
Separating Powers between the Federal Government and the States
Power to Declare War
References
About the Author

Content: Montesquieu’s basic contention was that those entrusted with power tend to abuse it; therefore, if governmental power is fragmented, each power will operate as a check on the others. In its usual operational form, one branch of government (the legislative) is entrusted with making laws, a second (the executive) with executing them, and a third (the judiciary) with resolving disputes in accordance with the law. Based on the theory of Baron de Montesquieu and John Locke, the framers carefully spelled out the independence of the three branches of government: executive, legislative, and judicial. At the same time, however, they provided for a system in which some powers should be shared: Congress may pass laws, but the president can veto them; the president nominates certain public officials, but Congress must approve the appointments; and laws passed by Congress as well as executive actions are subject to judicial review. Thus the separation of powers is offset by what are called checks and balances.