Also known as: separation of powers · separation of powers doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional principle that divides governmental authority among the legislative, executive, and judicial branches. Each branch exercises only the powers assigned to it and may not usurp or encroach on the functions of another branch. The principle prevents any branch from exercising unchecked power.
Dover Bank obtained a final federal court judgment dismissing a regulatory enforcement action. Congress then passed a statute directing federal courts to reopen and reinstate all such dismissed cases. The bank moves to dismiss the reopened proceeding. The court refuses to apply the statute because legislative reopening of final judgments improperly interferes with completed judicial action.
Deborah Dunn, a federal taxpayer, sues to enjoin congressional appropriations that fund religious schools. The government moves to dismiss for lack of standing. The court denies the motion because the challenge presents a concrete dispute over whether Congress has exceeded its enumerated powers in a manner that implicates the separation between legislative and judicial roles.
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Dominic Drake, a newspaper publisher, prepares to print classified documents. The executive branch obtains an injunction barring publication. The publisher appeals. The court dissolves the injunction because the executive may not unilaterally prevent the press from exercising its constitutional role without judicial review of the claimed national-security justification.
Danielle Dixon, a special prosecutor, subpoenas presidential tapes for use in a criminal trial. The President asserts an unreviewable privilege. The court orders production because the judiciary must determine the scope of executive privilege to ensure that one branch does not unilaterally block the functioning of another.
Devon Drake is prosecuted under a federal statute for possessing a firearm near a school. He moves to dismiss on the ground that the statute exceeds congressional authority. The court dismisses the indictment because the regulation of noncommercial, intrastate activity invades the police powers reserved to the states.
Doris Duffy, a married woman, is convicted under a state statute prohibiting use of contraceptives. She challenges the conviction. The court invalidates the statute because it intrudes on a zone of personal liberty that the Constitution places beyond state legislative control.
Congress may not direct federal courts to reopen and reinstate cases that have reached final judgment. Such legislation constitutes an unconstitutional legislative interference with completed judicial action.
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Congress violates separation of powers when it retains control over execution of the laws by giving its members veto power over executive or local decisions.
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No. Congress may create non-Article III tribunals staffed by officers without life tenure to perform administrative and adjudicatory functions within a regulatory scheme, provided Article III courts retain ultimate control over binding judgments.
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…of the basic values that underlie our society, and wise appreciation of the great roles [of] the doctrines of federalism and separation of powers.” Griswold v. Connecticut , 381 U.S. 479, 501 (1965) (Harlan, J., concurring in judgment). B The majority acknowledges none of this doctrinal background, and it is easy to see why:…