separation of powers

Separation of Powers is a doctrine of Constitutional law under which the three branches of U.S. government (executive, legislative, and judicial) and their duties, are kept legally separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to inspect and block other branches who may overstep their duties. The separation of powers doctrine divides government responsibilities into the three branches in order to prevent any one branch from taking over another’s duties. The goal of the framers’ in their creation of separation of powers was to prevent a concentration of power by one branch and thus, unequal control over the government. 

Each branch has separate powers, and generally each branch is not allowed to exercise the powers of the other branches. 

• The Legislative Branch, or Congress, exercises congressional power to create laws or statutes.
• The Executive Branch, led by the President, exercises executive power to enforce the laws of the legislature.
• Finally, the Judicial Branch, headed by the Supreme Court, exercises judicial review over the other two branches actions.

[Last reviewed in September of 2024 by the Wex Definitions Team]

Keywords

• constitutional law
• U.S. CONSTITUTION
• executive branch
• legislative branch
• judicial branch
• separation of powers
• executive powers
• Congress
• courts

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