Separation of powers is an outstanding tradition of the U.S constitution. It means that all the powers should not be concentrated in the same man or in the same body of men.


“As the accumulation of all powers”, says Madison, “legislature, executive and judiciary in the same hands may justly be pronounced as the very definition of tyranny.”


The Idea that the government divides into three different functions handled by different branches is old as Aristotle. It was later convincingly propounded by Locke, Blackstone and others. The first systematic exponent of the idea was a French writer Montesquieu.

In Montesquieu own words
“Political liberty is to be found in moderate governments……constant experience shows that every man invested with power is apt to abuse it….To prevent this abuse it is necessary from the very nature of things that power should be a check to power”.

“In every government there are three sorts of powers. The legislative, executive and judicial powers. When the legislative and executive powers are united in the same person or in the same body of magistrates, there can be no liberty. Again there is no liberty if judicial power be not separated from the legislative and executive”.


Thus in Montesquieu’s analysis the separation of powers is necessary to ensure individual liberty. The desirability of separation of powers was also emphasized by the great English jurist, Blackstone, who wrote:
“In all tyrannical governments, the right of making and enforcing laws is vested in one and the same men or in the same body of men, and wherever these two powers are united together, there can be no public liberty.”


The founding fathers of the U.S constitution were greatly impressed by the separation of powers. Therefore, they made every effort to divide the power between the three branches of government fairly evenly. This has been followed also by the American States.

The framers of the U.S constitution believed that the separation of powers was necessary to prevent absolutism, despotism and other unwanted characteristics. According to the theory of separation of powers, the executive should never legislate and the legislature should never try to enforce its own laws. The centre should interpret the laws but it should have no say in making them.


In United States all the three functions of the government, making of laws, administration of laws and interpretation of laws have been assigned to three different branches. According to Article 1 of the U.S constitution, all the legislative powers have been assigned to the Congress, Article 2 of the U.S constitution states that all the executive power should be vested in the President. According to Article 3 the judicial power should be vested in the Supreme Court and other lower courts as the congress may from time to time ordain and establish.


It is correct that the term separation of powers is not used anywhere in the constitution, however , all the exclusive language and the fact that the powers are given in three different articles shows that the powers are separated.


Separate Identity and Independence:

In U.S constitution all the three powers have been given separate identity.
1. The president is elected by the people and the Congress has no say in his election. The Congress can remove him only through impeachment.

2. The cabinet ministers are neither the members nor they attend the congress sessions.

3. The Congress has full control over the federal legislation. All the bills are moved by the members in their individual capacity. The president may give his assent or veto a bill.

4. The Supreme Court enjoys all the judicial powers and its independent from undue interference by other branches of the government has been ensured by the constitution. The president appoints the federal judges but he cannot remove them.

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