By Douglas V. Gibbs
The concept of a Separation of Powers stands as a powerful safeguard against tyranny, meticulously woven into the very fabric of American governance through the opening sentences of the first three articles of the United States Constitution. This foundational principle traces its intellectual lineage to ancient and Enlightenment thinkers. The Greek philosopher Polybius championed this separation by asserting that lawmakers must not be lawgivers, and lawgivers must not be lawmakers. Building upon this foundation, Montesquieu further clarified the concept, writing that governmental powers must be divided among three distinct branches: legislative, executive, and judicial. The Founding Fathers embraced this wisdom, establishing three separate branches of government, each with individual authorities regarding the law.
The American System, founded upon moral principles and unique limitations on power, finds its codification in the United States Constitution—a written compact between the states, designed to serve its citizens rather than rule over subjects. While the Founding Fathers recognized the necessity of government, they viewed its primary purpose as securing the Natural God-Given Rights of individuals. In America, government was established to pass necessary laws ensuring an orderly society while securing the Blessings of Liberty by applying the law and restraining itself regarding our Natural Rights.
This restraint is particularly evident in the Bill of Rights, which does not call on the federal government to define, protect, or guarantee our Natural Rights, but rather to restrain itself regarding those rights. The First Amendment begins “Congress shall make no law,” the Second Amendment concludes with “Shall not be infringed,” the Third Amendment opens with “No soldier shall,” and at the heart of the Fourth Amendment lies the words, “Shall not be violated.” This language does not call for government involvement in our rights but rather restricts government’s interaction with our rights. After all, their role is to “secure” our rights, as stated in both the Preamble and the Declaration of Independence.
A crucial aspect of securing citizens’ rights involves placing limitations on government and distributing power in a manner that prevents excessive consolidation in any particular branch. In the American system, power is divided according to how laws are created, executed, and applied. The legislature (Congress) is granted legislative power (the authority to create, modify, and repeal law), the executive (President) is granted executive power (the authority to execute the law), and the judiciary (Supreme Court and inferior federal courts) are given judicial power (the authority to apply the law). Except in a few minor ways (such as the Exceptions Clause and the Vice President serving as President of the Senate), they may not encroach upon the other branches. In this way, the Separation of Powers ensures they neither collude together nor attempt to micromanage each other.
The word used in the first clauses of each of the first three articles of the Constitution to establish this Separation of Powers is “vested.” This term means to grant with additional caveats, carrying connotations of being “irrevocable” and “exclusionary.” In essence, those powers belong exclusively to each respective branch of government, and they cannot simply relinquish them. Only Congress possesses legislative authority, only the President through the executive branch may execute the law, and only the courts may apply the law and issue sentencing or rulings regarding those decisions.
In an era when Congress attempts to micromanage the President, screams at courts when their rulings don’t align with particular ideologies, when judges try to restrain Congress or the President while illegally legislating from the bench, and when Presidents decide which laws to enforce while creating their own regulations, understanding the vesting clauses of the Constitution and adhering to the Separation of Powers has become more critical than ever before.
— Political Pistachio Conservative News and Commentary
