The U.S. Constitution makes no mention of the concept known as the "separation of powers." Yet, the concept is central to the American form of democratic government. In creating a government based on this concept, the Founding Fathers were influenced by the French political philosopher Baron de Montesquieu. In 1748, Montesquieu advocated a form of government in which governmental powers are divided into legislative, judicial, and executive branches. "When the legislative and executive powers are united in the same person, or in the same body of magistrates, there is no liberty," declared the philosopher.
Nevertheless, the term "separation of powers" is a somewhat misleading description of governance in the United States. Even though governmental authorities are divided among different branches of government, and even different levels of federal and state governments, there is considerable overlapping of responsibilities. As much as the American government is based on a separation of powers, it is also based upon shared responsibilities. The branches of government are separated, but their powers and functions are fused and overlapping. Policymaking in the United States requires the participation and cooperation of all three branches of government. The problem of drawing a line of demarcation between the responsibilities of the branches of government is even made even more difficult by a Constitution that does not clearly define a separation of powers.
This research examines the meaning and significance of the separation of powers in American government. The development of constitutional thinking in the United States is charted from colonial times to the modern form of the U.S. Constitution hand-in-hand with the concept of the separation of powers. Its ideological roots are charted, and its ramifications for the structure of America's branches of government are discussed. The concept of separation of powers is analyzed in both...