Also known as: separation-of-powers principle · separation of powers principle · separation of powers principles · separation of powers
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional doctrine allocating distinct powers to the legislative, executive, and judicial branches to prevent any branch from exercising the core functions of another.
After a district court entered final judgment for Sebastian Santos in a contract dispute, Congress passed a statute directing federal courts to reopen and reinstate any such cases. The court refused to apply the statute. Separation of powers barred the legislative attempt to override the completed judicial decision.
The special prosecutor subpoenaed audio recordings from the White House to use in a criminal trial. President Richard M. Nixon asserted executive privilege and refused production. The Supreme Court ordered compliance, holding that judicial authority to obtain evidence in a criminal case outweighed the asserted privilege.
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Samantha Stone sued six federal narcotics agents for an unconstitutional search of her apartment. No statute expressly authorized the action. The Court recognized an implied damages remedy under the Fourth Amendment to vindicate constitutional rights without legislative authorization.
South Carolina challenged provisions of the Voting Rights Act that required federal preclearance of changes to state election laws. The Court upheld the statute as a valid exercise of Congress's enforcement power under the Fifteenth Amendment without improper intrusion on state sovereignty.
Banco Nacional de Cuba sued to recover proceeds from sugar it claimed Cuba had expropriated. The defendant argued the expropriation violated international law. The Court applied the act of state doctrine and refused to examine the validity of the foreign government's official act.
In a bankruptcy proceeding, the debtor asserted a state-law counterclaim against a creditor. The bankruptcy judge entered final judgment on the counterclaim. The Supreme Court held that only an Article III court could adjudicate the claim because it did not stem from the bankruptcy process itself.
Separation of powers prevents Congress from directing federal courts to reopen and reinstate cases that have reached final judgment. The legislative branch may change substantive law prospectively but may not interfere with completed judicial decisions.
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Presidential immunity protects only official acts performed while in office. Suits based on unofficial conduct that occurred years earlier may proceed without violating separation of powers.
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An executive task force created by presidential memorandum lacks authority to promulgate new, generally applicable regulatory standards. Only Congress may enact statutes that impose such obligations.
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Congress may not assign all admiralty disputes to an exclusive executive-branch tribunal. Admiralty jurisdiction is committed to the judicial power under Article III, and transferring it wholesale violates separation of powers.
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The President must take care that the laws are faithfully executed. Directives that substitute executive policy preferences for statutory commands and waive required procedures violate this obligation.
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…of the basic values that underlie our society, and wise appreciation of the great roles [of] the doctrines of federalism and separation of powers.” Griswold v. Connecticut , 381 U.S. 479, 501 (1965) (Harlan, J., concurring in judgment). B The majority acknowledges none of this doctrinal background, and it is easy to see why:…