Separation of Powers
Definition: Government power is not only limited; it is also divided.
The Constitution assigns specific powers to each of the three branches: The
legislative (Congress), the executive (President), and the judicial (federal
courts). This separation of powers is intended to prevent misuse of power by
any one branch of government.
How is it Applied Today?
Example: Legislative branch (1st article of constitution)
- Separates congress into one branch.
Example: Executive branch (2nd article of constitution)
- Separates the president into one branch.
Example: Judicial branch (3rd article of constitution)
- Separates the federal courts into one branch.
But how has it Been Applied Over Time?
Magna Carta (1215): Right to trial by jury.
- Demonstrates separation of powers as a trial was to be held, instead of granting court powers to the monarchy.
visit http://www.constitution.org/eng/magnacar.htm to learn more.
English Bill of Rights (1689): Standing armies in Peace time except with the consent of parliament.
- Demonstrates separation of powers as both the king and congress were needed to enforce Britain's armies.
visit http://www.constitution.org/bor/eng_bor.htm to learn more.
Royal Colonies: Governor appointed judges advised by the civil council.
- Demonstrates separation of powers as the governor's power and the court's power were separately controlled.
visit http://www.laughtergenealogy.com/bin/histprof/misc/royal.html to learn more.
Proprietary Colonies: In Maryland and Delaware, legislature was bicameral.
- Demonstrates separation of powers as the legislature for both of these states was separated into two houses.
visit http://www.legendsofamerica.com/ah-proprietarycolonies.html to learn more.
Charter Colonies (1776-1780): King's approval was required before governors could take office.
- Demonstrates separation of powers as both state governors and the king held power over the states.
visit http://historion.net/brief-history-united-states/chapter-vii-how-colonies-were-governed to learn more.
Albany Plan (1754): Delegates were able to raise taxes.
- Demonstrates separation of powers as new delegates were able to act outside of parliament boundaries by raising their own state taxes.
visit http://www.constitution.org/bcp/albany.htm to learn more.
Albany Plan (1754): Delegates were able to raise army and naval forces.
- Demonstrates separation of powers as state delegates were able to enforce the military without British interference.
visit http://www.constitution.org/bcp/albany.htm to learn more.
Albany Plan (1754): Delegates were able to regulate trade.
- Demonstrates separation of powers by allowing delegates to enforce trade laws without force from British Parliament.
visit http://www.constitution.org/bcp/albany.htm to learn more.
First State Constitutions (1776-1780): Powers of the state governments were purposely divided into three branches.
- Demonstrates separation of powers as the state governments were divided different parts.
visit http://teachergenius.teachtci.com/the-first-state-constitutions/ to learn more.
Virginia Plan (1787): Called for executive, legislative, and judicial branches of government to be formed.
- Demonstrates separation of powers as this is still established today as the three separate branches of the U.S.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.