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== Separation of Powers ==

== Separation of Powers ==

A unique characteristic of the American system of government, as established by the U.S. Constitution, is the '''''separation of powers'''''.  The Executive, Legislative, and Judicial branches are kept completely separate from either other in their decisionmaking.  Each of branches acts as an '''''independent''''' "check and balance" against the power of the other branches.   

A unique characteristic of the American system of government, as established by the U.S. Constitution, is the '''''separation of powers'''''.  The Executive, Legislative, and Judicial branches are kept completely separate from each other in their decisionmaking.  Each of branches acts as an '''''independent''''' "check and balance" against the power of the other branches.   

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 its remainder.  Governors in many states, including New Jersey, have this power to veto provisions (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 based on the U.S. Constitution.

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.

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 any attempt to merge the branches is unconstitutional.  Presidents almost never go to "Capitol Hill" (where Congress is located in Washington, D.C.), and never attend a presentation at the U.S. Supreme Court building (located near Congress, as anyone who has been on the annual March for Life has walked past.)

From this separation of powers derives the concept of “checks and balances” on power that is unique to the U.S. Constitution.  Each branch, to protect its own power, acts to limit expansions in power by the other branches.

From this separation of powers derives the concept of “checks and balances” on power that is unique to the U.S. Constitution.  Each branch, to protect its own power, acts to limit expansions in power by the other branches.

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.

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 and the three branches of government, but a passage in the Bible may be the original source of this concept: "For the LORD is our judge, the LORD is our lawgiver, the LORD is our king." (Isaiah 33:22)  Only the LORD can do the job of more than one of the three branches.

== Congress ==

== Congress ==