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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

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12y ago
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6y ago

A executive branch was added.

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Article II of the Constitution pertains to the executive branch.


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