Separation of Powers

  • Uncategorized

Separationof Powers

Separationof Powers

TheUnited States Constitution creates equal arms of government toguarantee liability, which helps form a stable and reliableleadership. Therefore, the separation of powers distributes controlevenly between the three branches (Kowalski, 2012). Thus, theexecutive, legislature, and the judiciary have distinct jurisdictionsto influence the country’s plan. The idea introduces the concept ofchecks and balances to ensure that the government officials do notabuse their authority. Accordingly, these controls are the pillars ofthe rule of law that maintain the separation of powers by ensuringaccountability among all the branches (Kowalski, 2012).

Thelaw gives the legislature the right to make rules, which are appliedto the entire nation. It also ensures that the president does notaccumulate too much power. For example, the Congress can impeach thepresident or overrule a presidential veto (Kowalski, 2012). On theother hand, the executive enforces the laws using national agenciesand departments. Hence, it keeps the other branches in check throughthe appointment of judges and other government officials. Besides,this arm of the government has the authority to issue pardons andmake treaties (Kowalski, 2012). Lastly, the judiciary has the powerto explain the national laws and determine if an executive act isunconstitutional, which keeps the other branches in control.Furthermore, it monitors the balance of power using judicial reviewto mediate disputes between the Congress and the executive (Kowalski,2012).

Theidea of separate powers has been witnessed recently during thecurrent administration. For example, Obama proposed a bill that wouldallow immigrant parents of United States’ citizens to receive workpermits (Kopan &amp de Vogue, 2016). However, lawyers from TexasState disagreed with the proposal and sued in a federal court. Thejudge issued a national order that prevented Obama’s plan frombeing implemented and the ruling was upheld by the New Orleans’ 5thCircuit Court (Kopan &amp de Vogue, 2016). Later on June 2016, theSupreme Court was at a deadlock with four judges agreeing with thepresident and four members opposing the bill. Therefore, the decisionmaintained the lower court’s ruling that blocked the immigrationorder (Kopan &amp de Vogue, 2016).

Theexample illustrates how the judiciary limits the power of theexecutive and ensures that the president does not performunconstitutional acts. It also shows that the executive does nothave the authority to influence the decisions made by the SupremeCourt or the Congress (Kowalski, 2012). Therefore, the judiciary andthe legislature were exercising their control to keep the executivein check and to ensure that it does not accumulate too much power.Accordingly, all the branches of the government have enough authorityto guarantee that the issues of welfare and public policy are givencomprehensive consideration before any actions are undertaken. Thus,it prevents excesses in policy that would occur if only one branchwas in control (Kowalski, 2012).

Inconclusion, the Constitution does not contain an express injunctionto preserve the boundaries of the three branches. Even so, it grantsseparates powers among the arms of the government to ensureaccountability. The systems of checks and balances give each sectionthe authority to block the actions of the other branches if they deemthem unconstitutional. However, the concept also introduces aconsiderable measure of competition and conflict among the divisionsof government. In most cases, each division tries to exercise itspower and control the functions carried out by the other branches.Consequently, the three arms have to cooperate with each other tocarry out their specific functions.


Kopan,T. &amp de Vogue, A. (2016). DeadlockedSupreme Court deals big blow to Obama immigration plan.Retrieved from

Kowalski,K. M. (2012). Checksand balances: A look at the powers of government.Minneapolis: Lerner Publications.

Close Menu