The legislative branch has the power to make laws—for example, the declaration of what acts are to be regarded as criminal. The executive branch has the authority to administer the law—primarily by bringing lawbreakers to trial—and to appoint officials and oversee the administration of government responsibilities. The judicial branch has the power to try cases brought to court and to interpret the meaning of laws under which the trials are conducted.
A government of separated powers is less likely to be tyrannical and more likely to follow the rule of law: the principle that government action must be constrained by laws. A separation of powers can also make a political system more democratic by making it more difficult for a single ruler, such as a monarch or a president, to become dictatorial. The division of powers also prevents one branch of government from dominating the others or dictating the laws to the public. Most democratic systems have some degree of separation of powers, but the United States stands as the preeminent example of the practice.
In the United States the separation of powers is a fundamental constitutional principle. Articles I through III of the Constitution of the United States place each of the basic powers of government in a separate branch. The legislative power is vested in Congress, the executive power in the president, and the judicial power in the Supreme Court and other federal courts.
An important aspect of the separation of powers is that the power of one branch should not be exercised by anyone who also holds a position in another branch. Under Article I, Section 6, no one elected to Congress may simultaneously serve as a member of the executive branch. In other words, a lawmaker may not also administer the laws. Another important feature of the separation of powers in the United States is judicial review. The courts, not Congress or the president, say what the law means when a case is before them. In appropriate cases, the courts may even strike down a law enacted by Congress, or order the executive branch to halt enforcement of a law or government policy, if they determine that the law or policy conflicts with the Constitution.
But the three branches are not completely sealed off from each other. For example, the president shares the lawmaking power with Congress because the president can veto any law, although Congress may then override the veto with a two-thirds vote in each house. The major exceptions to separation of powers are federal regulatory agencies, such as the Securities and Exchange Commission, which can write regulations, bring lawsuits, and decide certain kinds of cases. The president’s power to issue executive orders in some areas is another major exception to the separation of powers because the orders do not need congressional consent, and they have the same effect as laws.
Coalition Sign-On Letter to the Senate Urging Them to Reject Any Legislative Proposal Authorizing Detention Without Charge or Trial of Individuals Found in the United States. Madison can be considered responsible for making the Bill of Rights part of the Constitution.
