From The Federalist No. 51, James Madison, February 6, 1788:
"In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent, is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted, that the members of each should have as little agency as possible in the appointment of the members of the others."
The U.S. Constitution does not explicitly provide for a separation of powers. It was with this concept, originated by Madison in The Federalist No. 51, that the Court has developed the law of separation of powers in American Constitutional Law.
Read the following case law:
Clinton v. Jones, 520 U.S. 681 (1997);
Livermore v. Waite, 36 P. 424 (1894);
Mistretta v. United States
Article II of the Constitution pertains to the executive branch.
president
Executive branch
Article 2 of the Constitution sets up the Executive Branch of Government.
The third branch, the judicial branch, rules on the actions of the legislature (laws) and executive branch (orders, policies) to ensure that they do not violate the Constitution.
The powers of the judicial branch are contained in Article III of the Constitution, but those powers are not over the executive branch...they are separate from the powers of the legislative and executive branches.
the executive branch gets its power from the constitution. The federal executive branch is empowered by Article II of the US Constitution, subject to the "checks and balances" of the other two branches and by the People (as part of the political process).
There was no executive branch in the colonies. It was created in 1789 in the constitution.
There was no executive branch in the colonies. It was created in 1789 in the constitution.
the three branches are executive branch legislative branch and judical branch
1.The Constitution goes on to explain the duties and responsibilities of the president.The Constitution says that executive power is vested in the President in the Executive Branch.
Executive branch