What Is the Separation of Powers?

If you’re interested in pursuing a career in law or government, or even if you simply want to be a more engaged and informed citizen, there are certain fundamental concepts that are important to understand, such as separation of powers. What is separation of powers? Separation of powers was one way in which the authors of the U.S. Constitution attempted to prevent the abuse of power in government by preventing any one branch from consolidating the majority of authority.

Separation of powers has roots in philosopher Montesquieu’s work, which conceived a three-branch government consisting of the legislative, executive and judicial functions.¹ This concept inspired the founders of the Constitution, who were strongly opposed to forming a government reminiscent of a kingdom, as they equated absolute power with tyranny.¹Why is separation of powers important? Let’s take a closer look.

The federal government has three branches: the legislative, the executive and the judicial branch. The legislative branch, which includes the Senate and the House of Representatives, is established in Article 1. The executive branch is established in Article 2 of the Constitution and is led by the President of the United States. The judicial branch, which is comprised of the Supreme Court, is established in Article 3.5

These three separate branches of government are endowed with certain powers. The legislative branch is responsible for creating laws and handling the budget of the federal government. The executive branch is responsible for implementing the public policy enacted by the legislative branch. Lastly, the judicial branch is responsible for interpreting the constitutionality of laws.

The Role of Checks and Balances

When the three branches of government work together, their combined actions create a system of checks and balances. Essentially, the actions of one branch can “check” the actions of another to help balance out the distribution of power. It is unconstitutional for any one branch to overstep its authority.

There is another way that the separation of powers creates checks and balances in government. In some cases, one branch of government can appoint or remove members of another branch of government. For instance, the president is responsible for appointing Supreme Court candidates, who then must be confirmed by the Senate. If the president is suspected of high crimes like treason or bribery, then the House of Representatives can bring impeachment charges, and the Senate may convict and remove the president.⁵

The American model of the separation of powers has largely worked well since the 18th century. However, it is certainly not the first time anybody has considered the concept. It actually dates at least as far back as ancient Greece, where Aristotle conceived of a government as having three basic functions: deliberative (legislative), magisterial (executive) and judicial.⁶

Another major milestone for the concept of the separation of powers can be seen in James Harrington’s classic book, “The Commonwealth of Oceana,” published in 1656. Harrington was an English aristocrat who explored political theory and processes using a fictitious example of the nation, Oceana. Harrington’s imaginary Oceana prominently featured the separation of powers.⁷

In 1690, John Locke published “Second Treatise of Civil Government,” which explored the separation of powers through separate executive and legislative bodies.⁸ Adding to Locke’s work was Montesquieu’s “The Spirit of the Laws.” Montesquieu explored the distribution of political power among three branches of government — the legislative, executive and judiciary. Montesquieu argued that the division of power into three branches is the only way to prevent abuses of authority in government.¹

There are some factors that play into the amount of power that the branches may have. For example, when the Constitution was written, the framers did not envision the current two-party system, and so they did not anticipate how one party having majority in the legislative branch would give the president more power (if the president is of the same party) or less power (if the president is of the other party).⁴

At times, the balance of power shifts so that one branch has more authority than perhaps the founders intended. For example, having just fought and won a revolution against a king they viewed as a tyrant, the framers of the Constitution were vehemently opposed to centralized power reminiscent of king-like powers. Each branch is supposed to keep the other in check with each other to help in avoiding for one branch becoming too strong or powerful.

The Bachelor of Arts in Government with an Emphasis in Legal Studies degree program is designed to build students’ critical thinking, communication and leadership skills and a familiarity with key ideas in political thought and processes. Grand Canyon University’s College of Humanities and Social Sciences invites students interested in government studies to apply online.