 Separation of Powers
Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.
Forty state constitutions specify that government be divided into three branches: legislative, executive and judicial. California illustrates this approach; "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution."
One state constitutional scholar notes that these provisions imply "that for each branch of government there is a corresponding identifiable function; powers are not quasi-legislative or quasi-judicial, but legislative, executive, or judicial." Yet experience suggests that where power resides is part of an evolutionary process. A 2005 analysis prepared by Iowa legislative staff emphasizes this point: "The traditional notion that there are separate and distinct roles for the executive, legislative, and judicial branches of government which should remain inviolate has changed over time to reflect the growing interrelationship among the branches of government. Courts have increasingly recognized the necessity of allowing some sharing and transferring of powers among the branches of government to facilitate the efficient operation of government."
Granting the governor line-item budget veto authority, for example, would appear to infringe on the legislature's appropriation authority, yet more than 40 states allow it. The power to control spending is shared, with separation of powers coming into play in determining what types of bills are subject to the veto.
This Web page provides resources for legislators and staff to use in addressing separation of powers issues. It organizes them into three broad categories—Fiscal, Veto and Institutional Relationships—and links to a diverse set of resources to illustrate how the doctrine applies to specific issues under each category. The resources include law review articles, court cases and legislative reports.
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