Seperation of powers in the US

When the legislative and executive powers are united in one person…there can be no liberty.

— The Spirit of Laws (1748), Montesquieu

  • Powers granted by the Constitution
    • granted => can be revoked
  • Article VI of the Constitution
  • Implied powers: powers of the fed. gov. implied by its roles and responsibilities as laid out in the Constitution
    • Congress was given the power to “provide for the common defence and general welfare of the US”
    • (Article 1, Section 8, Clause 1)
    • does this justify: military draft? healthcare?
  • Enumerated powers: powers explicitly spelt out in the US Constitution
    • Not open to interpretation
    • e.g.: min. ages for posts; president (35), senators (30), House of Rep. (25)
  • Ex.
    • The Constitution set out the minimum age for the president
      • Enumerated
      • Implied
    • The President was to be commander-in-chief of the armed forces
      • Enumerated
  • Branches of Government
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