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As discussed in the Constitution Annotated, the Court’s decisions in separation-of-powers cases often—but not exclusively—address the relationships that the first three Articles of the Constitution establish among the branches of government.
There is a clearer separation of powers in the U.S. than in the UK because the U.S. Constitution strictly divides the government into three separate branches: the executive, legislative, and judicial branches. This separation was intentionally designed to prevent concentration and abuse of power.
As discussed in the Constitution Annotated, the Court’s decisions in separation-of-powers cases often—but not exclusively—address the relationships that the first three Articles of the Constitution establish among the branches of government.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
Over the course of our history, the Supreme Court has elaborated on the separation-of-powers doctrine in several cases addressing the three branches of government. At times, the Court has determined that one branch’s actions have infringed upon the core functions of another.
Apr 23, 2024 · The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.
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Sep 30, 2024 · This article provides historical background about how and why the Framers structured the Constitution, with an emphasis on the doctrine of separation of powers. It then describes each branch of government, including its powers and abilities to check the other branches.
