Administrative State
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See also:Ballotpedia's Checks and Balances

Separation of powers refers to a system of government that distributes the powers and functions of government among separate and independent entities. In the United States, the federal government is divided into three branches: executive, legislative and judicial. TheUnited States Constitution assigns each of these branches distinct powers and responsibilities. The separation of powers is sometimes referred to as a system ofchecks and balances because the Constitution provides each branch with certain powers over the other two branches.^{[1][2][3][4][5]}

Background

Federalism
•Key terms •Court cases •Major arguments •State responses to federal mandates •State oversight of federal grants •Federalism by the numbers •Index

According to theNational Conference of State Legislatures (NCSL), the three-part structure of government outlined in theUnited States Constitution was inspired by the political theory of 18th century French philosopher Montesquieu. In his workThe Spirit of the Laws, Montesquieu divided the powers of government into the three categories of executive, legislative and judicial. He argued that in order to protect liberty and prevent the abuse of government power, these powers should be exercised by separate institutions and officials.^[2][3] According to the Legal Information Institute at Cornell University, the separation of powers is "Also known as the system of checks and balances" because "each branch is given certain powers so as to check and balance the other branches."^[1]

Like theUnited States Constitution, manystate constitutions also require the separation of powers. According to the NSCL, "Fortystate constitutions specify that government be divided into three branches: legislative, executive and judicial."^[2] All fifty states have alegislature, an executive branch headed by agovernor, and ajudiciary.

Theory and practice

Powers and functions of the three branches of government

According to online resources published by the NCSL and the Harry S. Truman Library, the United States federal government and state governments are organized into three branches:^[2][6][7]

• Thelegislative branch creates and passes laws and decides how to appropriate government funds.
  • At the federal level,Congress is composed of theUnited States Senate andHouse of Representatives.
  • Each state has its ownlegislature; all state legislatures except forNebraska are modeled on thebicameral structure of Congress.
• Theexecutive branch administers and enforces the laws enacted by the legislature.
  • Headed by thePresident of the United States at the federal level and by a governor at the state level.
  • The head of the executive branch usually has the power to approve orveto laws passed by the legislature.
• Thejudicial branch interprets laws and applies them to specific cases, assigning guilt and innocence and determining punishments and compensation.
  • Headed by acourt of last resort, either theSupreme Court of the United States or astate supreme court.
  • Some courts conductjudicial review of laws and government actions to determine whether or not they are constitutional.

The NCSL describes these as "The traditional characterizations of the powers of the branches of American government."^[2]

See also

• Federalism
• United States Constitution

External links

• Search Google News for this topic

Footnotes

v • e The Administrative State Main The Administrative State Project main page •Administrative State Project Index •Glossary of administrative state terms •Quotes about the administrative state •Administrative state •Rulemaking •Deference •Adjudication •Nondelegation doctrine •Ballotpedia's administrative state legislation tracker Pillars Agency control •Executive control •Judicial control •Legislative control •Public control Reporting Changes to the Federal Register •Completed OIRA review of federal administrative agency rules •Federal agency rules repealed under the Congressional Review Act •Historical additions to the Federal Register, 1936-2016 Laws Administrative Procedure Act •Antiquities Act •Civil Service Reform Act •Clayton Antitrust Act •Communications Act of 1934 •Congressional Review Act •Electronic Freedom of Information Act •Federal Food, Drug, and Cosmetic Act of 1938 •Federal Housekeeping Statute •Federal Reserve Act •Federal Trade Commission Act of 1914 •Freedom of Information Act •Government in the Sunshine Act •Independent Offices Appropriations Act of 1952 •Information Quality Act •Interstate Commerce Act •National Labor Relations Act •Paperwork Reduction Act •Pendleton Act •Privacy Act of 1974 •Regulatory Flexibility Act •REINS Act •REINS Act (Wisconsin) •Securities Act of 1933 •Securities Exchange Act of 1934 •Sherman Antitrust Act •Small Business Regulatory Enforcement Fairness Act •Truth in Regulating Act •Unfunded Mandates Reform Act Cases Abbott Laboratories v. Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. United States Terms Adjudication (administrative state) •Administrative judge •Administrative law •Administrative law judge •Administrative state •Arbitrary-or-capricious test •Auer deference •Barrier to entry •Bootleggers and Baptists •Chevron deference (doctrine) •Civil servant •Civil service •Code of Federal Regulations •Codify (administrative state) •Comment period •Compliance costs •Congressional Record •Coordination (administrative state) •Deference (administrative state) •Direct and indirect costs (administrative state) •Enabling statute •Ex parte communication (administrative state) •Executive agency •Federal law •Federal Register •Federalism •Final rule •Formal rulemaking •Formalism (law) •Functionalism (law) •Guidance (administrative state) •Hybrid rulemaking •Incorporation by reference •Independent federal agency •Informal rulemaking •Joint resolution of disapproval (administrative state) •Major rule •Negotiated rulemaking •Nondelegation doctrine •OIRA prompt letter •Organic statute •Pragmatism (law) •Precautionary principle •Promulgate •Proposed rule •Publication rulemaking •Regulatory budget •Regulatory capture •Regulatory dark matter •Regulatory impact analysis •Regulatory policy officer •Regulatory reform officer •Regulatory review •Rent seeking •Retrospective regulatory review •Risk assessment (administrative state) •Rulemaking •Separation of powers •Significant regulatory action •Skidmore deference •Statutory authority •Substantive law and procedural law •Sue and settle •Sunset provision •Unified Agenda of Federal Regulatory and Deregulatory Actions •United States Code •United States Statutes at Large Bibliography "Administrative Law - The 20th Century Bequeaths an 'Illegitimate Exotic' in Full and Terrifying Flower" by Stephen P. Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget