Separation of Powers

2013-01-13T20:34:57Z

AnnMarie98: /* Judicial Branch */

The '''separation of powers''' is an important part of the [[United States Constitution]], and was originaly proposed by the [[Enlightenment]] philosopher [[Montesquieu]]. With the checks and balances created by the separation of powers, each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful. A strict separation of powers doctrine has two prohibitions. First, no branch may encroach upon the powers of another. Second, no branch may delegate to another branch its constitutionally assigned power.

The three branches of government are the [[Legislative branch]], the [[Judicial branch]] and the [[Executive branch]]. The Legislative branch consists of the two houses of [[Congress]]: [[The United States Senate|The Senate]] and [[The United States House of Representatives|The House of Representatives]]. The Judicial Branch consists of the [[Federal Court System]] led by the [[United States Supreme Court|Supreme Court]]. The Executive branch consists of the [[Prisident of the United States|President]] and his [[U.S. President's Cabinet|Cabinet]].

[[James Madison]], Americas fourth President, at the [[Constitutional Convention]] in 1787, proposes to set up the three branches of the U.S. government; Judicial, Legislative, Executive. He discovered this as the model, reading [[Isaiah]] 33:22 “For the LORD is our judge, the LORD is our lawgiver, the LORD is our king; He will save us.”

==Powers of the Three Branches==

===Powers of the Legislative Branch===
The powers of the Legislative branch are listed in [[Article 1 of the U.S. Constitution|Article I]] of the Constitution, including: 
*[[Impeachment]], (The House) 
*The trial of impeachments, (the Senate) 
*Power To lay and collect [[Taxes]], [[Duties]], [[Imposts]] and [[Excises]], 
*to pay the Debts and provide for the common Defence and general Welfare of the United States, 
*To borrow [[Money]] on the credit of the United States, 
*To regulate [[Commerce]] with foreign Nations, 
*To establish an uniform Rule of [[Naturalization]], 
*To establish uniform Laws on the subject of [[Bankrupcy|Bankruptcies]], 
*To coin Money, and regulate the Value thereof, 
*To establish Post Offices and post Roads, 
*To constitute [[Tribunals]] inferior to the Supreme Court, 
*To declare [[War]], 
*To raise and support Armies, 
*To provide and maintain a Navy, 
*To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof. 
*Ratify Treaties, (two-thirds vote of the Senate) 
*[[Confirm]] Presidential appointments, 
*Override of Presidential [[Veto]] (two-thirds vote of each house) 

===Powers of the Executive Branch===
The President has the following powers: 
*Veto of [[act of Congress|acts of Congress]]
*Commander in Chief of the [[United States Armend Forces|Armed Forces]], 
*Power to pardon, except in cases of impeachment, 
*Make Treaties 
*Appointment of Ambassadors, other public ministers and consuls, Judges to the federal courts, and all other Officers of the United States, 

The [[Vice President of the United States|Vice President]] has the tiebreaking vote in the Senate.

===Powers of the Judicial Branch===
The [[Jurisdiction]] of the Federal Court System includes:
*All cases arising under: 
**The Constitution, 
**The Laws of the United States, 
**Treaties, 
*All Cases involving: 
**Ambassadors, 
**Public Ministers, 
**Consuls, 
*All cases of: 
**[[admirality]] 
**[[maritime Jurisdiction]] 
*Controversies
**To which the United States shall be a party, 
**Between two or more States, 
**Between Citizens of different States, 
**Between Citizens of the same State claiming Lands under [[Grants]] of different States, 
The Power of [[Judicial Review]] was added by the Supreme court Decision ''[[Marbury v. Madison]]'' by Chief Justice [[John Marshall]]. The power was said to be implied in Article III Section 2 of the Constitution.

==Checks and Balances==
All three branches check and balance each other.

===Legislative Branch===
The Legislative branch is checked by the other branches because of the following: 
*The Prisident's veto power, 
*Judicial review, 
*The Vice President is President of the Senate and has the Tiebreaking vote. 

The Legislative branch checks the other branches the following ways: 
*They confirm the President's appointments, 
*They have the power to impeach the President, 
*They can override a Presidential veto, 
*The President cannot make any law that has not been passed by them, 
*They can impeach Judges, 
*They can limit the jurisdiction of the courts. 

===Executive Branch===
The Executive branch is checked by the other branches because of the following: 
*The President's appointments are confirmed by the senate, 
*He is subject to impeachment, 
*He cannot make laws that were not passed by congress, 
*The laws that he does sign are subject to judicial review, 
*His veto can be overturned by a two-thirds vote in congress. 

The Executive branch checks the other branches because: 
*The president has veto power, 
*He appoints judges, 
*The Vice President is President of the Senate, and has the tiebreaking vote.

Conservapedia - User contributions [en]

Separation of Powers