Separation of Powers
The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches.
In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.”
Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.”
Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.”
Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.
The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others.
Refer to the Picture
Image transcription text
15. [01.05 MC] Which of the following is an accurate comparison of checks and balances? [4 points] Legislative Executive [A] The Senate approves a nominee to the Supreme Court. The President vetoes a spending bill. [B] Congress declares war on another country. The President signs a controversial bill into law. [C] Congress votes to impeach a federal court judge. The President issues commands to the Armed Forces. [D] The House holds a hearing on a new tax bill. The President appoints a new appeals court judge.
... Show moreAnswer & Explanation
Solved by verified expert
sum dolor sit amet, consectetur adipiscing elit. Nam lacinia pulvinar tortor nec facilisis. Pellentesque dapibus efficitur laoreet. Nam risus ante, dapibus a molestie consequat, ultrices ac magna. Fusce dui lectus, congue vel laoreet ac, dictum vitae odio.
Fusce dui lectus, congue vel laoreet ac, dictum vitae odio. Donec aliquet
Unlock full access to Course Hero
Explore over 16 million step-by-step answers from our library
Subscribe to view answer
t. Nam lac
risus ante, dapibus a molestie consequat, ultrices ac magna. Fusce dui lectus, congue vel laoree
sum dolor sit amet, consectetur adipiscing elit. Nam lacinia pulvinar tortor nec facilisis. Pellentesq
s a molestie consequat, ultrices ac magna. Fusce dui lectus, congue vel laoreet ac, di
In this activity, students will identify and draw conclusions about the relationship between the legislative, executive and judicial branches by critically analyzing primary sources. Using the scale, they will decide whether the United States government more appropriately fits the concept of "separation of powers" or "shared powers." They will formulate an opinion about each document and place it on the scale accordingly, and support their opinions with specific evidence from the primary sources.
Suggested Teaching Instructions
This activity may be used to conclude a unit of study into the creation of the US Constitution. The activity can be completed as a class, in small groups, in pairs, or individually. For grades 6-12. Approximate time needed is 90 minutes.
Start the lesson with a refresher of the terms "separation of powers" and "checks and balances." If students should be aware of these term's meanings, ask them to write a brief definition of the term in their own words, share their definition with a classmate, and then discuss the definitions as a group [i.e. a write, pair, share].
[Sample Definitions Checks and Balances: a system of overlapping powers of the separate branches of government that permits each branch to limit, restrain, or inform the actions of the other branches. Separation of Powers: a basic principle of American government that places different governing duties and powers among three independent and coequal branches: legislative, executive and judicial.]'
Ask students to provide an example of both "separation of powers" and "shared powers" in practice. For example, the President's ability to pardon without oversight is an example of separation of powers, while the law making power of Congress is shared with both the executive [through signing and vetoing legislation] and judicial branches [through declaring laws unconstitutional].
After discussing definitions, introduce the activity. Tell students they will be examining documents from throughout United States history to determine whether in practice our government has followed a principle of "separation of powers" or "shared powers."
Open the activity and model document analysis with one of the documents. After reading the document out-loud as a group, take a poll of students to see if they think this exemplifies "separation of powers" or "shared powers." Ask students to explain their opinions. Show how the scale works and based on the opinions of the class, place this example on the Weighing the Evidence scale.
Then tell students to analyze the remaining documents. As they analyze, students should note the particular branches associated with each document and the level of interaction between these branches within the document. Tell them to then place the document on the scale based on their opinion of which interpretation it helps support.
Special Note: As they analyze, tell students to note the overall importance of the actions they are selecting as examples of "separation of powers" and "shared powers." Rather than simply counting examples of both in action, they should be considering the scale and scope of the separation and/or shared nature. For example, while a President's exclusive pardoning power is an example of "separation of powers," does the fact that all laws require cooperation between the legislative and executive branches illustrate a greater degree of "shared powers."
Following completion of the activity, lead a class discussion on the issue. Teacher may write "separation of powers" and "shared powers" on opposite corners of the classroom and ask students to "take a stand" overall on their opinion about this issue. Question several students to explain their reasoning by citing evidence from the specific documents they analyzed.
During the discussion, direct students to some of the controversial documents included in this collection. For example, the fact the President must receive Congressional approval for confirmations [an example of “shared powers”], but can remove people from positions without approval [an example of a “separation of powers”]. This discussion can include Lincoln’s suspension of habeas corpus [a Congressional power] and Franklin Roosevelt’s court-packing scheme.
Extension Activity: As an extension to this activity, ask students to create an argument writing focused on supporting either the "separation of powers" and "shared powers" thesis.
To the extent possible under law, National Archives Education Team has waived all copyright and related or neighboring rights to "Separation of Powers or Shared Powers".