Separation of Powers

Articles of Confederation

Weak federal government with limited powers

Constitution

Established three branches of government with significant power

Legislative power

Vested in Congress by Article I of the Constitution

Executive power

Vested in the president by Article II of the Constitution

Judicial power

Vested in the Supreme Court and federal courts by Article III of the Constitution

Separation of powers

Fundamental constitutional principle of dividing powers among branches

No dual roles

Article I, Section 6 prohibits holding positions in multiple branches

Judicial review

Courts interpret the law and can strike down unconstitutional laws

Veto power

President can reject a law, but Congress can override with a two-thirds vote

Federal regulatory agencies

Exceptions to separation of powers, can write regulations and bring lawsuits

Executive orders

Exceptions to separation of powers, have the same effect as laws

Checks and balances

System of limits and controls on each branch's powers

Concentration of powers

Feared by the Framers, avoided by separation of powers