Whitch imaginary line separates eastern hemisphere from western

the articles of confederation only set up the continental congress at the federal level. there were no executive or judicial branches except within the states. the states were allowed to keep every right that was not specifically given to congress. the bonding of the states was through a 'firm league of friendship' that best served as a defense agreement against invasion. states were not allowed to use taxes as a way to discourage treaties, and states were extremely limited in their dealings with foreign nations.

not many historians today talk about the strengths of the articles of confederation, likely because of how unpopular the document quickly became. the articles did set the legislative body, congress, as the highest power in the nation because of the fear of monarchy. congress had the sole power to declare war, assign treaties, entertain foreign relations, and operate post offices. disputes between states and territorial issues were to be brought to congress. the document also stipulated that canada was allowed to enter the union if they desired.

there were more weaknesses than strengths under the articles of confederation. the lack of power given to the continental congress strangled the federal government. the articles gave congress the power to pass laws but no power to enforce those laws. if a state did not support a federal law, that state could simply ignore it. congress had no power to levy taxes or regulate trade. without a federal court system or executive leader, there would be no way to enforce these laws, either. amending the articles of confederation would also require a unanimous decision, which would be extremely difficult.

separation of powers, therefore, 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.  

the traditional characterizations of the powers of the branches of american government are:

* the legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government.

* the executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch.

* the judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

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."

while separation of powers is key to the workings of american government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. as a result, there is an inherent measure of competition and conflict

minnesota:   minnesota house research,   separation of powers: when statutes and court rules conflict, 2005

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