Difference between revisions of "Separation of powers"

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Separation of powers is a principle of [[United States]] government that prevents one branch of government from exercising powers belonging to another branch of government.  This requires that the branches of government remain distinct and separate from each other.
 
Separation of powers is a principle of [[United States]] government that prevents one branch of government from exercising powers belonging to another branch of government.  This requires that the branches of government remain distinct and separate from each other.
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Since the [[Burger Court]], the [[U.S. Supreme Court]] has used the separation of powers to invalidate legislation.  Examples include:
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* ''[[United States v. Nixon]]'', 418 U.S. 683, 704 (1974)
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* ''[[Buckley v. Valeo]]'', 424 U.S. 1 (1976)
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* ''[[Bowsher v. Synar]]'', 106 S. Ct. 3181 (1986)
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* ''[[INS v. Chadha]]'', 462 U.S. 919 (1983)
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These cases confirm that intrusion by one branch into the power of another is unconstitutional.
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[[category:United States Supreme Court Cases]]
 
[[category:United States Government]]
 
[[category:United States Government]]

Revision as of 15:12, January 6, 2008

Separation of powers is a principle of United States government that prevents one branch of government from exercising powers belonging to another branch of government. This requires that the branches of government remain distinct and separate from each other.

Since the Burger Court, the U.S. Supreme Court has used the separation of powers to invalidate legislation. Examples include:

These cases confirm that intrusion by one branch into the power of another is unconstitutional.