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What do we mean by separation of powers? At the simplest level, it is the idea that a government functions best when its powers are not concentrated in a single authority but are divided among different groups or branches. The United States was the first nation that used a written constitution to formally adopt separation of powers as the framework for its government.
The doctrine of the separation of powers was adopted . . . not to promote efficiency but to preclude the exercise of arbitrary power. -Justice Louis Brandeis1, Myers v. US 1926
Enlightenment theories of separation of powers warned against the concentration of all government powers in the hands of a single individual or authority. They were heavily influenced by the example of England. Over the course of the seventeenth century, England had forged a political system that divided government power among three different authorities. Parliament held legislative power. Parliament was made up of two houses the House of Commons and the House of Lords. Members of the House of Commons were elected. Members of the House of Lords mostly inherited their positions. Both houses deliberated on proposed laws. A monarch (king or queen), who inherited the throne for life, held executive power. A series of agreements between Parliament and the monarch had established Parliaments supremacy, or control, over the monarch. By the early eighteenth century, the monarchs power was mostly limited to enforcing laws passed by the Parliament. A judiciary held judicial power. Up through the seventeenth century, judges in England had served at the pleasure of the monarch. The monarch had been able to dismiss judges at will. But in 1710, the monarch agreed to a request by Parliament to guarantee judicial independence. The monarch agreed that judges will hold their positions during good behavior. He also agreed that judges salaries could not be diminished while they were in office. No judge could be dismissed unless both houses of Parliament approved.
The chief magistrate derives all his authority from the people. -Abraham Lincoln, First Inaugural Address, 1861
Do you ever have one of those days when everything seems unconstitutional?"
Constitutional Conflicts was created for use by first-year law students at the University of Missouri-K. C.
The Chief of the Executive Branch of Maryland is the Governor, who is elected to serve for four years. The powers and duties of the Executive Branch are located in Article II of the Maryland Constitution. The Lieutenant Governor of Maryland holds only the duties conferred by the Governor. Generally, the Executive Branch is charges with enforcing or executing the laws. Some law may be created by the Executive Branch, for example Executive Orders and treaties.
It is not by accident, but by design that ours is a government of three independent and co-equal branches, checking and balancing each others power and authority. Such an arrangement places a premium on cooperation and collaborationonly when all work together can that natural tension be directed to achieving the greater good. -Chief Judge Robert M. Bell State of the Judiciary Address, 2005.
Maryland has a bicameral system consisting of the Senate and the House of Delegates. The powers and duties of the Legislative Branch are located in Article III of the Maryland Constitution. Currently there are 47 Senators and 141 Delegates that serve in the General Assembly. Each of Marylands 47 legislative districts is represented by one Senator and three Delegates.
The General Assembly meets in Annapolis every January and serves for 90 consecutive days. The General Assembly makes laws, called statutes.
The powers and duties of Marylands Judiciary Branch are located in Article IV of the Maryland Constitution. The role of the Judicial Branch is to interpret the law. Marylands Judiciary Branch is comprised four court levels: two trial courts and two appellate courts. The function of a trial court is to consider evidence in a case and to make judgments based on the facts and underlying law and legal precedent. This may result in the awarding of monetary damages or other relief in a civil case, or the imposition of imprisonment or fines in a criminal case. Appellate courts review a trial courts actions and decisions in given cases and decide whether the trial judge properly followed the law and legal precedent. For jury trials, the appellate court may have to decide whether the jurys decision was proper, given the facts presented and the underlying law in the case. Generally, appellate courts do not decide which party won or lost a trial, nor do they conduct a new trial. Rather, they review the earlier trial and determine whether or not it was fair, according to the law.
Court of Appeal Judges from left to right: Judge Battaglia, Judge Cathell, Judge Raker, Chief Judge Bell, Judge Wilner, Judge Harrell and Judge Greene.
We continue to be devout believers in the doctrine of separation of powers of governmental checks and balances, in practice as well as in theory. We believe that each of the three coordinate branches of government, to successfully accomplish its function, must work in harmony with the others, if the good government envisaged by the Constitutional creation of three branches - the Legislative, the Executive and the Judicial - is to be achieved. - Chief Judge Robert C. Murphy, State of the Judiciary Address, 1975.
Maryland Constitution also defines the same three branches. These branches serve as checks and balances for the other branches.
Lets Review
Executive Branch Enforces laws Presents/prepares budget Manages Executive departments & agencies Federal - President State - Governor
Legislative Branch Creates laws Appropriates funds Creates agencies, authorities and other public bodies
Federal United States Congress Senate (100 members) House of Representatives (435 members) State Maryland General Assembly Senate (47 members)
Judicial Branch Interprets and upholds laws Protects individual rights Punishes the guilty
Federal United States Supreme Court United States Circuit Courts United States District Courts
State Maryland Court of Appeals Maryland Court of Special Appeals Maryland Circuit Courts