Separation of Powers: Historical background

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Historical Background

The U.S. Constitution establishes a system of separation of powers among three branches of government. The Framers in the Constitutional Convention were concerned with ways to prevent the tyranny they saw in King George. They drew the idea of separating powers from a French philosopher named Montesquieu.

Article I of the Constitution designates the legislative branch, known as Congress, to make the laws. Article II appoints the executive branch, led by the President, to carry out the laws. Then, Article III specifies the judicial branch, known as the Supreme Court, to interpret laws.

While power is separated into three branches, the Framers also designed the system to allow for restraints on the power of each branch. This is called checks and balances. For example, when both houses of Congress pass a law, the President has the power to veto, meaning to stop it from becoming a law. If a President vetoes a law, Congress can override the veto with a two-thirds vote. Further, the President nominates judges for the Supreme Court, then the Senate in Congress has the power to confirm the nomination. Ultimately, we can think of our system of government as three separate branches with shared powers.

James Madison, in Federalist 51, wrote, “Ambition must be made to counteract ambition. . . If men were angels, no government would be necessary.” This means that people are motivated to seek power, honor or wealth, and we cannot count on them to restrain their own self-interested aspirations. Madison believed that a system of checks and balances was necessary to prevent government officials from pursuing their own interests instead of those of the people.

Introductory Lessons

Preamble

Negotiation

Supremacy Clause

Three Fifths Clause

Local and State Declarations of Independence

First Amendment

No Establishment Clause

Search and Seizure Clause

Grand Jury Clause

Right to Speedy Trial Clause

Right to Jury Trial in Civil Cases Clause

Utah State Constitutional Convention

Functions of State Government

Declaration of Independence

Constitutionalism

Federalism (Compound Republic)

Necessary and Proper Clause

Fugitive Slave Clause

Social Contract Theory

Free Exercise Clause

Second Amendment

Warrant Clause

Double Jeopardy Clause

Right to Public Trial Clause

Enumerated Rights Stated in the Utah Constitution

U.S. Federal Constitutional Convention 1787

Great Compromise

Slave Importation Clause

Consent of the Governed

Freedom of Speech Clause

Third Amendment

Self-incrimination Clause

Right to Trial by Jury Clause

Similarities between the U.S. and Utah Constitutions

U.S. Bill of Rights

Congressional Power

Individual Rights

Freedom of the Press Clause

Fourth Amendment

Due Process Clause

Right to Counsel Clause

Political Challenges to Utah Statehood

U.S. State Constitutions

Electoral College

Freedom of Assembly Clause

Fifth Amendment

Takings Clause

Utah Women's Suffrage

Executive Power

Right to Petition Clause

Sixth Amendment

Civil Dialogue in the Utah Suffrage Debates

Congressional and Executive War Powers

Seventh Amendment

Separation of Powers

9 1787 - 1787

Eighth Amendment

Checks and Balances

Ninth Amendment

Limited Government

Tenth Amendment

Slavery Compromises

The separation of powers is a fundamental principle of a constitutional republic. By dividing authority among the legislative, executive, and judicial branches, it prevents any one person or group from controlling the entire government. This classroom catalog entry explores the historical roots of the idea and examines key moments during the Constitutional Convention when delegates debated how to distribute power across the branches.

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Introductory Lessons

Preamble

Negotiation

Supremacy Clause

Three Fifths Clause

Local and State Declarations of Independence

First Amendment

No Establishment Clause

Search and Seizure Clause

Grand Jury Clause

Right to Speedy Trial Clause

Right to Jury Trial in Civil Cases Clause

Utah State Constitutional Convention

Functions of State Government

Declaration of Independence

Constitutionalism

Federalism (Compound Republic)

Necessary and Proper Clause

Fugitive Slave Clause

Social Contract Theory

Free Exercise Clause

Second Amendment

Warrant Clause

Double Jeopardy Clause

Right to Public Trial Clause

Enumerated Rights Stated in the Utah Constitution

U.S. Federal Constitutional Convention 1787

Great Compromise

Slave Importation Clause

Consent of the Governed

Freedom of Speech Clause

Third Amendment

Self-incrimination Clause

Right to Trial by Jury Clause

Similarities between the U.S. and Utah Constitutions

U.S. Bill of Rights

Congressional Power

Individual Rights

Freedom of the Press Clause

Fourth Amendment

Due Process Clause

Right to Counsel Clause

Political Challenges to Utah Statehood

U.S. State Constitutions

Electoral College

Freedom of Assembly Clause

Fifth Amendment

Takings Clause

Utah Women's Suffrage

Executive Power

Right to Petition Clause

Sixth Amendment

Civil Dialogue in the Utah Suffrage Debates

Congressional and Executive War Powers

Seventh Amendment

Separation of Powers

Eighth Amendment

Checks and Balances

Ninth Amendment

Limited Government

Tenth Amendment

Slavery Compromises

Separation of Powers: Historical background

K-12 Classroom Resources

Separation of Powers

Related People

Related Organisations