Constitutional Principles

Separation of Powers By: Caroline, Casey, Jared, Lejla

Excerpts from the Constitution

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.

~Article II Section II

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to the House in which it shall have originated

~Article I Section VII

The House of Representatives shall . . . have the sole Power of Impeachment

~Article I Section II

The Senate shall have the sole Power to try all Impeachments . . . And no Person shall be convicted without the Concurrence of two thirds of the Members present

~Article I Section III

The Influences from the Enlightenment and Influential Documents

The separation of powers come from many of the philosophers of the Enlightenment Era as well as influential documents. The English Bill of Rights first created the theory of the separation of powers. Then, Baron de Montisque supported this theory of checks and balances placed to prevent any one section of the government to have too much power over the others. Also ,the Magna Carta tried to limit the powers of the king.

The Significance and Purpose

The separation of powers is one of the most significant principles of the constitution. It keeps the powers separated to prevent another monarchy or even a dictatorship. The Founding Fathers did this to make sure that most of the power stood in the hands of the people and not the politicians.

Schechter v. United States

The Schechter v. United States case was in 1935 and the Supreme Court of the United States ruled that the National Industrial Recovery Act of 1933 was unconstitutional. The NIRA was a basic part of President Franklin D. Roosevelt's New Deal. This empowered the president to set up codes of fair competition for business and industries. The supreme Court found the NIRA unconstitutional because the law excessively delegated legislative power to the president and to industry trade groups.