Separation of powers distributes power among different groups or individuals in a government. The US Constitution institutionalized this by creating three branches of government and sharing power between federal and state governments to prevent abuse of power.
Separation of powers refers to a system of government where power is not centralized in one person or agency. Unlike a dictatorship, the power to make and enforce various laws is distributed among different groups or individuals. This form of government is used in the United States, as well as the United Kingdom and many other democratic countries. Any government with a bicameral or tricameral legislature, for example, practices the principles of separation of powers.
The separation of powers in the United States is guaranteed by the Constitution. After the American Revolution and liberation from British rule, the Founding Fathers were concerned about establishing a central government. As such, the Continental Congress that drafted the Constitution aimed to limit the power of the central government and ensure a system in which power was distributed among the different branches of government, as well as between the federal and state governments. Therefore, they wished to ensure the separation of powers so that no abuses could occur.
The United States Constitution thus institutionalized the separation of powers by creating three separate and distinct branches of government. The legislature has the power to enact and propose laws, subject to the presidential veto and judicial review of the Supreme Court. The president has the power to suggest legislation, but Congress must pass it, and the court can also review it for constitutionality. The Supreme Court can create case law and interpret case law, but the legislature can then pass a law that changes the court’s rules or interpretations. As such, each branch is subject to oversight and review by the other branches to ensure there is no abuse of power.
Article III, Section II, of the Constitution also ensured the sharing of power between the federal government and state governments. This section of the Constitution provided that all powers not expressly enumerated as vested in the federal government were reserved for the states and the people. As such, if the Constitution did not tell the federal government that it had the authority to regulate a certain area, the state government has exclusive jurisdiction to make and pass laws related to that subject. Property and divorce laws, for example, are largely enacted at the state level as the state has the greatest vested interest in making and enforcing those laws.
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