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The concept of
separation of powers is one of the most important parts of the American
constitution. Under the American Constitution, there is the executive branch of
government, the legislature and the judiciary. Under the doctrine of separation
of powers, roles for the three branches are defined and each branch is mandated
to keep the other in check to ensure that none of the branches can appear more
powerful than the other. This balance in exercise of power is vital in our
democracy, since the will of the people cannot be easily trampled on.
Example 1(Separation of Powers)
United States, the congress passed the Stolen Valor Act of 2005 that outlined punishments
for the people who lie that they have received military honors. The Supreme
Court ruled in 2012 that this Act was unconstitutional since it infringed on
the right of free speech that is protected by the first amendment. The
executive took action within a month of the Supreme Court ruling, establishing
a government-funded national database of citation of medal to verify awarded
Example 2 (Checks and Balances)
A bill like Obamacare was proposed by the executive, had to be approved by the legislature, and the judiciary had to approve its constitutionality
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