Is the separation of powers a sharp and absolute division of roles?
No. Look at the appointment (executive) roles of the Senate and the veto (legislative) role of the President. Some overlap is necessary for a true check. The separation is not an absolute protection of independent action; if it were there would be no check. As one scholar put it a century ago, the constitution provides a separation, not a disconnection. Concluding note: Madison’s genius of the 10th Federalist is matched by his eloquence in the 51st. The fourth paragraph ranks with the first sentences of the Declaration of Independence, the Preamble to the Constitution, Lincoln’s Gettysburg and 2nd Inaugural addresses and F. D. Roosevelt’s four freedoms as foundation stones of American political culture, ideals, and structure.
Related Questions
- How is separation of powers in the mayor-council from of municipal government similar to that of the federal government?
- Can the court change the separation agreement or order a different division of property than that to which we agreed?
- Is the separation of powers a sharp and absolute division of roles?
