Learn about separation of powers. Examine how power is distributed in a federal government, and identify the purpose of separating powers across branches.
Updated: 11/21/2023
Separation of Powers | Overview & History
Table of Contents
- What is Separation of Powers?
- History of the Separation of Powers
- How Does the Constitution Distribute Power?
- The Federal System's Separation of Powers
- Lesson Summary
Frequently Asked Questions
Why is separation of power important?
Many political scientists of both past and present would argue that the separation of powers is important to prevent corruption from growing in a government. This is because different branches of government are able to provide checks and balances on each other.
What does distribution of power in government mean?
The distribution of power refers to how power is delegated in the government of a society. This is often expressed in the creation of separate independent branches of government such as the judicial, executive, and legislative branches common to many republican systems today.
What are the 3 separations of powers?
The three separations of powers, usually called branches of government, are known in the United States as the executive, legislative, and judicial branches. These branches all manage different aspects of government, such as enforcing laws, creating laws, and interpreting laws.
Table of Contents
- What is Separation of Powers?
- History of the Separation of Powers
- How Does the Constitution Distribute Power?
- The Federal System's Separation of Powers
- Lesson Summary
In political science, the separation of powers is the idea that power held by a government is divided among equal but independent arms of the government. Separating powers is an old concept usually exhibited in democratic governments as it commonly decentralizes the government. This is because a government is able to oppress its people when it holds more power such as in an autocracy like a kingdom or dictatorship. In many governments today, powers are commonly divided among the legislative, executive, and judicial branches in constitutional republics such as in the United States. In other forms of democracy, such as the parliamentary systems of the United Kingdom and Italy, the independence of the executive and legislative branches is less strict as the head of government is selected as a prime minister from among the parliament. Separation of powers has also been used to argue supporting the concept of federalism, or the division between a national and local government. For much of the same reasons as the creation of individual branches, the separation between a federal and state government is meant to protect the rights and representation of the people. These facts make the separation of powers an important concept for understanding not only how democracies function but also how governments as a whole are organized.
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The separation of powers has a long history with some of the first examples of this concept originating from the ancient Mediterranean. Aristotle originally coined the term as ''mixed government'' defined as a mix between an oligarchy and a democracy. Specifically, this meant that high-ranking government officials would be elected by all free men, but high-class citizens would hold more voting power. This began the original idea of the separation of powers as executive leaders became independent from legislative assemblies, this was seen with the Archons functioning as executives while the Ecclesia performed legislative duties in Athens. Aristotle explains the reason for this is to protect the rule of law from selfish kings or mob rule.
Over time the reason expressed for supporting the separation of powers has shifted towards protecting the rights of citizens. This could be seen as the nobility in late medieval Europe were fighting to place constitutional restrictions on their monarchs. The most famous of these constitutions was the Magna Carta in 1215 in England. These limits placed on the king promoted a separation of powers between the monarch and the aristocracy. While lacking some democratic elements, it did show the foundation of the establishment of independent branches of government by being a part of the founding of the Parliament of England.
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These ideas would be expressed by important individuals, such as John Locke, John Calvin, and Montesquieu who both argued for the rights of average citizens in society. This came from John Calvin arguing that ''it is an invaluable gift if God allows a people to elect its own government.'' While still supporting Aristotle's mixed government ideal with strong political officials, Calvin supported the expansion and protection of the rights of the citizenry. Later during the Enlightenment, John Locke would define specific powers that should be separated, namely legislative, executive, and federative. These powers could be broadly defined respectively as creating laws, enforcing laws, and forming foreign policy. While Locke argued that these powers are separate, he did not argue that these powers should be independent branches as he noted that executive and federative powers are usually held by the same person or institution. Montesquieu would build on Locke's ideas of separate powers and argued that these powers should be independent branches while replacing the federative powers with judicial powers. The reason for separating the powers into distinct branches was to prevent one institution from becoming too powerful, as he would argue that if power was held by one person or body ''there can be no liberty.''
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By the time of the creation of the Constitution of the United States of America, the idea of separation of powers was a highly popular concept for well-educated political theorists. This led to the American Founding Fathers drafting the constitution that favored the distribution of power into three distinct branches of government in the style of Montesquieu with the legislative, executive, and judicial branches. As several Founding Fathers would argue, the separation of powers was meant to provide checks and balances on government as Montesquieu and Polybius said earlier in history. Each article of the constitution explains the specific powers and responsibilities of each branch of the government with article one outlining the legislative branch, article two defining the executive branch, and article three creating the judicial branch. Article four is known for drafting the relationship between the states with the federal government as well as how the states interact with each other. The articles of the Constitution are filled with the influences of earlier philosophers and the ideas of the separation of powers, checks and balances, and the federal system.
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Much of the government of the United States is influenced by the separation of powers, as each branch has specific responsibilities that not only allow them to perform certain functions but also to check the power of other branches. The federal system also divides power between the national federal government and the local state governments. All of these factors make the American government the unique system it is today.
The executive branch has the responsibility to execute or enforce the laws and authority of the government. This branch includes the president, the secretaries of the departments, and most federal agencies. Some important powers and responsibilities of this branch include:
- The president acts as commander in chief of armed forces
- Grant pardons
- Appoint officials
- Negotiate treaties
The legislative branch has the power to draft laws and dictate American policy. The branch includes both houses of Congress, known as the House of Representatives, which holds a number of representatives from each state based on population, and the Senate, which assigns two representatives to each state equally. This branch has several important duties and powers such as the following:
- Raise taxes
- Declare war
- Ratify foreign treaties
- Pass laws
- Impeach the president
Lastly, the judicial branch has the responsibility to interpret laws. This means that this branch judges the constitutionality of laws passed in Congress and the actions of the government. This branch includes all courts including the Supreme Court and the nine justices at the top of this branch. As an example of the branch's power, they decided during the famous case of Gideon v. Wainwright that anyone arrested has the right to an attorney for free. Other powers include:
- Determine constitutionality of laws
- Settle legal disputes
- Protect legal rights of citizens
- Compel testimony
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The separation of powers is an important concept in political science, especially in most modern democracies. This is because many governments, like the United States, are divided into three branches such as the legislative, executive, and judicial branches. This fact comes from many important political philosophers who influenced the American constitution such as Polybius, Locke, and Montesquieu. Each of these philosophers argued that the separation of powers was important to prevent one person in government from becoming too powerful. This would also lead to the United States' creation of federalism, or a system in which power is divided between a national and local government to protect the rights of the people from a government becoming too powerful.
In the United States specifically, the distribution of power has created three branches that have their own specific powers granted to them in the Constitution. The branches created in the United States were designed to separate powers in a way to prevent any of the other branches from becoming too powerful. The legislative branch includes Congress and is given the power to create laws and determine the policy of the United States. This means they can raise taxes, pass laws, declare war, and ratify foreign treaties. The executive branch has the responsibility to enforce laws and includes the President. Several powers delegated to the executive branch are granting pardons, appointing officials, negotiating treaties, and acting as the commander in chief of the armed forces. The judicial branch interprets the law and includes the Supreme Court. The main power they are famous for is judicial review, or the power to determine the constitutionality of laws.
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Video Transcript
Background to Distribution
Have you ever met a super bossy person who tried to control everything? Maybe that person is a sibling or a friend, maybe even your teacher or an actual boss at your job. How does it feel to be around that person? Odds are, over time, it's frustrating to be near someone who has a say in everything. Especially when your opinion or voice doesn't matter much to them!
Before the American Revolution, the colonists experienced something very similar. They were controlled by a ruler and a government an entire ocean away. To make matters worse, the colonists had no representation in Parliament, and the king cared very little for what the colonists wanted or what they thought was fair. After all, he was king. . . he could do what he pleased!
After the American Revolution, the Founding Fathers were left with a gigantic task: build a new government from scratch. After decades under Great Britain's thumb, they were all too familiar with the struggles of a powerful national government. The Framers of the Constitution had a pretty good idea of how to setup the new American government so they would not have to deal with the power struggles of the past.
The Separation of Powers
The Founding Fathers decided to create a government that embraced the idea of separation of powers. The government would be broken into three distinct branches with distinct responsibilities and powers. These branches are:
- The legislative branch that makes laws
- The executive branch that enforces laws
- The judicial branch that interprets laws
Legislative Branch
Let's take a look at the legislative branch first. The legislative branch of government is the branch that makes the country's laws. It's made up of the two houses of Congress: the House of Representatives and the Senate. Within Congress, each house has its own responsibilities. The House of Representatives, considered the lower of the two houses, is responsible for originating all tax laws. The Senate is responsible for ratifying foreign treaties and confirming presidential appointments, like federal judges or ambassadors.
The legislative branch has the power to declare war on other countries and can also override presidential vetoes (more about this shortly). Congress also has the power to impeach, or bring formal charges against federal officials, including the president, and remove them from office if necessary.
Executive Branch
Now, let's take a look at the executive branch. The executive branch of government is responsible for enforcing and upholding the laws made by Congress. The executive branch is made up of the president, vice president, the cabinet, and various government agencies. The president has several key powers; he or she can:
- Nominate judges
- Negotiate foreign treaties
- Issue executive orders (an official order made by the president without Congress that can be enforced by the law)
- Grant pardons (formally forgive someone for something they've done wrong)
- Veto, or reject, laws passed by Congress
- Originate, or propose laws to Congress
The president also serves as the commander in chief of the armed forces and can ask Congress to declare war.
Judicial Branch
Lastly, let's take a look at the judicial branch. The judicial branch is made up of the Supreme Court, federal courts, and various lower courts throughout the country. The single most important job of the judicial branch is to interpret the country's laws through judicial review. This means that the courts are responsible for looking at the laws passed by the legislative branch and the actions of the executive branch, to include presidential executive orders, to determine whether or not they're constitutional, or legal, based on the Constitution. Laws that are declared illegal are called unconstitutional. The Supreme Court is the highest court in the land; their final decision stands and cannot be appealed by lower courts.
Checks and Balances
In addition to separation of powers, the Framers created a system of checks and balances. Each branch of government has the power to check, or limit, the power of another branch of government. This is just one more way to balance the responsibilities and prevent any one branch from becoming too powerful or dominating the government. Pretty clever, huh?
Think back to all the branches of government you just learned about; did you pick out all of the checks and balances for each of them? If not, here's a quick recap!
First, let's look at the legislative branch again:
| Checks on Executive Branch | Checks on the Judicial Branch |
|---|---|
| *Override presidential vetoes *Confirm presidential appointments *Declare war *Ratify foreign treaties *Impeach president |
*Confirm judges *Impeach judges |
Now let's look at the executive branch:
| Checks on the Legislative Branch | Checks on the Judicial Branch |
|---|---|
| *Veto laws *Issue executive orders |
*Nominate judges |
And lastly again, the judicial branch:
| Checks on the Legislative Branch | Checks on the Executive Branch |
|---|---|
| *Declare laws unconstitutional | *Declare executive orders and acts unconstitutional |
Lesson Summary
When the Founding Fathers framed the U.S. government, they created a separation of powers between three branches of government:
- The legislative branch to make laws
- The executive branch to enforce laws
- The judicial branch to interpret laws
Each branch of government has their own specific set of powers that make up a system of checks and balances that prevents any one branch of government from becoming too powerful.
The legislative branch is made up of the two houses of Congress: the House of Representatives and the Senate. Congress has the power to make laws, impeach, or bring formal charges against, presidents and judges, ratify foreign treaties, declare war, confirm presidential appointments, and override presidential vetoes.
The executive branch is made up of the president, vice president, the cabinet, and government agencies. The president has the power to enforce laws, lead the armed forces, nominate judges and ambassadors, negotiate foreign treaties, issue executive orders, grant pardons, and veto, or reject, laws from Congress.
The judicial branch is made up of the Supreme Court and various lower courts. The judicial branch has the power of judicial review, meaning the responsibility to judge the legality of laws and/or their passage; judges can determine whether laws, rulings, and executive actions are constitutional, or legal, or unconstitutional, or illegal.
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Separation of Powers | Overview & History
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