Separation of Powers in the United States

In The Federalist Papers

The idea of separating powers among the various branches of government to avoid the tyranny of concentrated power falls under the larger category of checks and balances. But The Federalist Papers see another virtue in the separation of powers, namely, an increase in governmental efficiency and effectiveness. By being limited to specialized functions, the different branches of government develop both an expertise and a sense of pride in their roles, which would not be the case if they were joined together or overlapped to any considerable degree.
Qualities that might be crucial to one function could be ill-suited for another. Thus Hamilton termed “energy in the executive” as essential to defend the country against foreign attacks, administer the laws fairly, and protect property and individual liberty, which he viewed as closely related rights. On the other hand, not energy but “deliberation and wisdom” are the best qualifications for a legislator, who must earn the confidence of the people and conciliate their divergent interests.

This difference of needs also explains why executive authority should be placed in the hands of one person, the president, since a plurality of executives could lead to paralysis and “frustrate the most important measures of government, in the most critical emergencies of the state.” That is, once the legislature, reflecting the will of the people, has rendered its deliberate and fully debated judgment by passing a law, the executive must firmly carry out that law without favoritism, resisting any self-interested pleas for exception. And in the event of an attack by a foreign state, the executive must have the power and energy to respond immediately and forcefully. As for the judiciary, the qualities wanted there are special as well: not the executive’s energy and dispatch, nor the legislator’s responsiveness to popular sentiment or his ability to compromise, but “integrity and moderation” and, by being appointed for life, freedom from popular, executive or legislative pressures. (1)

Separation of Powers in the Context of International Disputes

Separation of Powers Considerations in International Civil Litigation

Analysis of the Separation of Powers Considerations in relation to the Subject Matter Jurisdiction of U.S. Courts in International Disputes.

Separation of Powers in the International Business Landscape

Definition of Separation of Powers in the context of U.S. international business and public trade policy: Constitutional doctrine that divides government power into three independently tenured branches granted legislative, executive, and judicial power.

Separation of Powers in the International Business Landscape

Definition of Separation of Powers in the context of U.S. international business and public trade policy: The division of state power across several institutions that must cooperate in policy making.

Concept of Separation of Powers

In the U.S., in the context of the U.S. Constitution and Federalism, Separation of Powers has the following meaning: The division of power among legislative, judicial, and executive branches of government (rather than centralizing power in one organ). (Source of this definition of Separation of Powers : University of Texas)

Separation of Powers

Separation of Powers in Constitutional Law

A list of entries related to Separation of Powers may be found, under the Separation of Powers category, in the United States constitutional law platform of this legal Encyclopedia.

Separation of powers Background

Separation of Powers (Political Questions)

This section introduces, discusses and describes the basics of separation of powers. Then, cross references and a brief overview about Political Questions is provided. Finally, the subject of Justiciability in relation with separation of powers is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Separation of Powers (Administrative Law)

This section introduces, discusses and describes the basics of separation of powers. Then, cross references and a brief overview about Administrative Lawin relation to separation of powers is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.

Resources

See Also

• Constitution
• Federalism

Separation of Powers in Constitutional Law

A list of entries related to Separation of Powers may be found, under the Separation of Powers category, in the United States constitutional law platform of this legal Encyclopedia.

Separation of powers Background

Resources

Notes and References

1. “An outline of American government” (1980), by Richard C. Schroeder

See Also

• Abuse of Process
• International Judicial Assistance in Civil Matters
• International Judicial Assistance in Criminal Matters
• International Judicial Assistance in Administrative Matters
• Cross-Border Discovery
• Abroad Evidence