Research Paper on Separation of Powers and Checks and Balances

The essence of a democratic system of government is that the three main powers of government are constitutionally divided into three: a) the power to propose, enact, amend and repeal the law; b) the power to execute the law; c) the power to interpret the law.

The United States Constitution has delegated these three important functions to three separate departments each department is co-equal and supreme within its own sphere.

The legislative branch has the power to propose, enact, amend and repeal the law. The executive branch has the power to execute the law. The judiciary has the power to interpret the law.

It should be emphasized however that the principle of separation of powers does not mean that there exists animosity or rivalry among the three branches. Such is the system established by the United States Constitution to ensure compliance with the constitution.

Another principle provided under the constitution is the system known as the checks and balances by which one department is allowed to resist encroachments made by one department against another or to rectify mistakes and errors committed by the other department.

One particular example is the veto power of the president which serves as a check to the power of the Legislative branch to make laws by exercising its veto power. If the president thinks that the law is not timely or not proper, the president may not to sign the same into law or veto a particular bill. One particular example is HR 810 or the Stem Cell Research Enhancement Act of 2006 which authorized the Secretary of State to conduct and support research that utilizes human embryonic cells. This bill was vetoed by the president.

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