Separation of Powers theory was firstly given by the French political scientist Montesquieu in his book The Spirit of the Laws. After revolution and independence from the British, the founding fathers of America included the system of separation of powers in their Constitution.
Separation of Powers: As we know, every government consists of three branches; legislative, executive and judiciary in a government. According to the theory of Separation of Powers every branch of the government is separated from other two branches and is free from their interference. It prevents the concentration of powers in one branch or the dictatorship of one branch over others. This theory provides the bases for the Checks and Balances system.
Checks and Balances: According to the Checks and Balances system principle, every branch has power to to limit the power and influence of the other two branches This creates a balance among three branches of the government and prevents the hegemony of the one branch over the others.
How does the Checks and Balances system work in the USA?
- Congress (Legislative) can impeach the President, civil servants and the judges for their misconduct. Appointment of judges and approval of the treaties, meetings and appointments by the President require approval by the Senate. Moreover, the Congress can override a Presidential veto with 2/3rd majority.
- The President (Executive) can veto a bill and appoints supreme court judges.
- The Supreme Court (Judiciary) has the power of Judicial Review. Hence the Supreme Court has power to declare a law unconstitutional, if it contradicts the Constitution.
Conclusion: Above discussion proves the upper hand of the Congress over all the departments. This is a good thing that the public elected representatives hold power more than the other departments which is a good sign for a healthy democracy. Moreover, the separation of powers is suitable in the USA's (United States of America) Presidential system for maintaining a checks and balances system.