The Role Of Separation Of Powers In The United States

Separation of powers is a doctrine that is often considered to balance or place at the development of the United States of America Constitution and the constitution of the United States is known as the supreme law. This doctrine maintains that liberty is best conserved if the three functions of government which are legislation, law enforcement, and judgement are organized in different hands. Baron de Montesquieu's in The Spirit of the Laws once stated that "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates … [or] if the power of judging be not separated from the legislative and executive powers." The purpose of this body is to safeguard that no one is able to attain
Consequently , even though the Congress is entrust with the legislation, a bill does not become law until the President secured his signature, while the President may dismiss the legislation anytime, which it can be revoke only by a two-thirds vote from the Senate and House. Correspondingly, the courts recognized that they have the power of judicial review, in line with to which the declaration of laws. On the other hand, the executive acts to go beyond the authorization of the Constitution, and the law is deemed to be invalid and void. The Congress is specified the power to impeach and charge and try The Executive and The Judicial branch officials for unlawfulness and misconduct. Prone to that, if the specified branch is found guilty, the officers are removed from office. Presidential appointments to the judiciary or to the cabinet demand the approval of a majority vote in the Senate where the treaties are negotiated by the president which require a two-thirds Senate majority. These provisions are the well-known as the "checks and balances" within the Constitution, which
Limits on Congress are especially evident. The bill of attainder provision prevents Congress and state legislatures from executing the laws they enact as shown in the case of United States v Brown. This prohibition against legislative punishment is designed to insure that no one is denied at a fair trial . It prevents the legislature from serving into two capacities such as law creator and law enforcer because the dual role might tempt it to act as a judge in its own cause. The provision thus buttresses the underlying rationale for the rule of law version of separation of powers. Significantly these rule of law restraints apply both to federal and state government where they are unconstrained by principles of federalism that retarded application of the Bill of Rights provisions to the states and restrict the separation of powers doctrine today. Moreover, by interpreting the provisions of the Bill of Rights, the Court can apply the rule of law, and its conflict of interest concerns, to the executive branch, because it is usually the one that affects individual rights and civil liberties of a