Please explain the doctrine of 'separation of powers'?

Answer 1

The principle known as "separation of powers" which is also referred to as "checks and balances" serves as testament to the brilliance and forethought of the drafters of the Constitution of the United States of America. By designing a tripartite federal government, a federal government with three, coequal branches, the drafters bequeathed to their descendants the last, best hope for government of the people, by the people, and for the people. Assuming everything works as designed, the drafters created the governmental equivalent of rock, paper scissors.

However, separation of powers does not operate or emerge in a vacuum. It is the result of a multi-layered design which includes the complimentary principle known as "division of powers."

Division of powers is the often overlooked principle of dividing governmental power among the federal, state, and local governments. Keep in mind that the principle of separation of powers still applies within each level of government within the United States of America. Thus, an executive branch, a legislative branch, and a judicial branch may be found at the federal level, at the state levels, and at the local levels of government.

In sum, the complimentary principles known as "separation of powers" and "division of powers" operate and emerge in such a way as to lessen the chances that governmental power could be concentrated to a level at which significant harm may be done.

To view a transcript of the Preamble as well as Articles I through VII of the Constitution of the United States of America, a transcript of the 1st through the 10th Amendments, also known as the Bill of Rights, and a transcript of the 11th through the 27th Amendments, access the links under Related Links, below.