Definition of SEPARATION OF POWERS:
Government power is not only limited; it is also divided. The Constitution assigns specific powers to each of the three branches: the legislative (Congress), the executive (President), and the judicial (federal courts). This separation of powers is intended to prevent misuse of power by one branch of government.
How is Separation of Powers applied today?
The Legislative Branch:
In federal and state government, the legislative branch's primary function is to make laws.
The Judicial Branch:
The primary responsibility for the Judicial Branch is to interpret and apply laws and ensure their constitutionality.
The Executive Branch:
The Executive Branch basically makes sure the laws made are followed.
These three branches relate to the Separation of Powers because the Separation of Powers is the separation of our government into different parts, which are our three branches.
In federal and state government, the legislative branch's primary function is to make laws.
The Judicial Branch:
The primary responsibility for the Judicial Branch is to interpret and apply laws and ensure their constitutionality.
The Executive Branch:
The Executive Branch basically makes sure the laws made are followed.
These three branches relate to the Separation of Powers because the Separation of Powers is the separation of our government into different parts, which are our three branches.
How has Separation of Powers been applied over time?
The Petition of Rights limited the kings powers in several ways.
The laws passed by the legislature had to be approved by the governor and the Crown.
By 1775, there were three proprietary colonies: Maryland, Pennsylvania, and Delaware.
These colonies were organized by a proprietor, a person to whom the king had made a grant of land.
Benjamin Franklin proposed the formation of an annual congress of delegates (representatives) from each of the 13 colonies.
Each of the 13 colonies sent representatives to the Congress. Most of those who had attended the First Continental Congress were again present.
The unicameral Congress exercised both legislative and executive powers. In legislative matters, each colony- later, State- had one vote. Executive functions were handled by committees of delegates.
The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check the other branches of the government.
The first State constitutions differed, sometimes widely, in detail. Yet they shared many similar features. The most common features were the principles of popular sovereignty, limited government, civil rights and liberties, and separation of powers and checks and balances.
The Virginia Plan called for a new government with three separate branches: legislative, executive, and judicial.
The New Jersey Plan also called for a federal executive of more than one person.
Connecticut Compromise agreed that Congress should be composed of two houses.
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- The Petition of Rights
- 1628
- It was a document that limited the kings power and kept him from infringing. It separated his power so that he wasn't able to do anything cruel.
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The laws passed by the legislature had to be approved by the governor and the Crown.
- Veto
- A Veto is the power to unilaterally stop an official action, especially the enactment of legislation.
- Relates to Separation of Powers because one of the three branches could veto a law and than it still be passed because the Judicial Court overrides it.
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By 1775, there were three proprietary colonies: Maryland, Pennsylvania, and Delaware.
- Proprietary Colony
- 1775
- A proprietary colony was a colony in which one or more individuals, usually land owners, remaining subject to their parent state's sanctions, retained rights that are today regarded as the privilege of the state, and in all cases eventually became so. This relates to Separation of Powers because all three proprietary colonies had their own rights.
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These colonies were organized by a proprietor, a person to whom the king had made a grant of land.
Benjamin Franklin proposed the formation of an annual congress of delegates (representatives) from each of the 13 colonies.
- Thirteen Colonies
- 1775
- They revolted against the Kingdom of Great Britain under King George III with the onset of the American Revolution starting in 1775, and in 1776 declared their independence from the British Empire and formed a new nation, the United States of America. Each colony developed its own system of self government. This relates to Separation of Powers because the thirteen states created their own way of living in America, each having a different set of laws or ways of living.
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Each of the 13 colonies sent representatives to the Congress. Most of those who had attended the First Continental Congress were again present.
- Declaration of Independence
- 1776
- The Declaration justified the independence of the United States by listing colonial grievances against King George III, and by asserting certain natural and legal rights, including a right of revolution. It relates to the Separation of Powers by doing just that, listing grievances against the king and asserting certain natural and legal rights.
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The unicameral Congress exercised both legislative and executive powers. In legislative matters, each colony- later, State- had one vote. Executive functions were handled by committees of delegates.
- The Three Branches
- 1787
- Wanted to protect individual freedoms and prevent the government from abusing its power. The states believed they could do this by having three separate branches of government: the executive, the legislative and the judicial. This separation is described in the first three articles, or sections, of the Constitution. Separation of Powers is related to this because the three branches are the powers separated pretty much.
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The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check the other branches of the government.
- The Judicial Branch
- 1787
- The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary. This relates to Separation of Powers because in this branch, the judicial court has different authorities that have the power to do different things.
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The first State constitutions differed, sometimes widely, in detail. Yet they shared many similar features. The most common features were the principles of popular sovereignty, limited government, civil rights and liberties, and separation of powers and checks and balances.
- Civil Rights and Liberties
- 1787
- Civil Rights and Liberties refer to the various spheres of individual and group freedoms that are deemed to be so fundamental as not to tolerate infringement by government. These include the fundamental political rights, especially the franchise, that offer the citizen the opportunity to participate in the administration of governmental affairs.
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The Virginia Plan called for a new government with three separate branches: legislative, executive, and judicial.
The New Jersey Plan also called for a federal executive of more than one person.
- The Virginia Plan
- 1787
- Called for two houses of congress. So the powers of each would be separated.
- TO LEARN MORE ABOUT THE VIRGINIA PLAN, CLICK HERE!
Connecticut Compromise agreed that Congress should be composed of two houses.
- The Connecticut Compromise
- 1787
- An agreement that large and small states reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. It retained the bicameral legislature, along with proportional representation in the lower house, but required the upper house to be weighted equally between the states.
- TO LEARN MORE ABOUT THE CONNECTICUT COMPROMISE, CLICK HERE!
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