What Is Separation Of Powers And Federal System In American Constitution?

Separation of powers weighted heavily on the mind of the framers of American constitution. They incorporated this principal in the constitution and thereby demo crated the jurisdiction of all the three branches of the government. But this separation was a system of checks and balance. The president, who is repository of executive authority, has been given some legislative and judicial powers. Similarly, the congress shares with than president certain administrative powers and can interfere in matters relating to the organizational set-up of the judiciary. The superior courts, on the other hand, can indirectly influence legislation through their role as an interpreter of laws.

Federal system was not a matter of choice at the time of drafting the constitution. As the component states were willing at all to surrender their autonomous status. All residuary powers neither secured to central government nor prohibited to state governments, belong to states. There was tremendous increase in the powers of the central government on account of later political developments inclining towards centralism. Moreover under this power of judicial review, the Supreme Court enhanced the role of national government of the constitution in favour of a strong center. As regards division of powers of central government are prescribed in a list as part of the constitution.

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The constitution had two separations of power. The people, the states and the federal government was the primary separation of power, making this a republic and not a democracy. The second was the three division of the federal government with each having specific powers.

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