Changes

The U.S. Supreme Court invalidates laws that tend to blur the distinction between the different branches.  For example, a federal law was passed to give the president a "line-item veto" power, which would enable him to veto some parts of a bill while signing into law other parts of a bill.  Governors in many states, including New Jersey, have this power to veto lines within bills without vetoing the entire bill.  But the U.S. Constitution does not permit one branch of government to "pick and choose" from what another branch does.  So even though the line-item veto power exists for many governors at the state level, it is unconstitutional at the federal level.

The U.S. Supreme Court invalidates laws that tend to blur the distinction between the different branches.  For example, a federal law was passed to give the president a "line-item veto" power, which would enable him to veto some parts of a bill while signing into law other parts of a bill.  Governors in many states, including New Jersey, have this power to veto lines within bills without vetoing the entire bill.  But the U.S. Constitution does not permit one branch of government to "pick and choose" from what another branch does.  So even though the line-item veto power exists for many governors at the state level, it is unconstitutional at the federal level.

The separation of powers is a unique characteristic of the United States government, and the U.S. Constitution.  In Canada and Western European nations, the leader of the nation is chosen by a majority of the legislative branch, known as the parliament.  Far from being checks and balances on each other, the executive and legislative branches in other nations are intertwined.

In Canada, England, and nations in continental Europe, the leader of the nation is chosen by a majority of the legislative branch, known as the parliament.  Far from being checks and balances on each other, the executive and legislative branches in other nations are intertwined.  In the parliamentary system in England, the leader of the executive branch is a member of parliament, as are his Cabinet.  But here, there is almost no overlap in jobs or activities of the different branches, and laws that blurred the distinction have been invalidated as unconstitutional.

 

Our Founders expected the legislative branch, Congress, to be far more powerful than the presidency and the judiciary.  But over the years Congress has given up much of its power to the president and the courts.

Historians credit French philosopher Baron Montesquieu with the original idea for the separation of powers.

Historians credit French philosopher Baron Montesquieu with the original idea for the separation of powers.