The Concept of separation of powers first pops up in writing by Montesquieu in the 1750s, he proposed a constitutional government with three separate branches of government and all of the branches would have the ability to check the powers of the other branches. This had a big impact on the United States Constitution, where the Legislative , Executive and Judicial branches are kept under control by the other three branches to prevent abuse of power.

Congress has the power to legislate in the United States and congress cannot delegate its lawmaking responsibilities to any other agency and there has been a number of supreme court cases in which congress has tried to delegate responsibilities to another branch of government such as the 1998 Clinton vs City of New York case. Congress also has the power to restrain the power of the executive in order to keep the executive in line and not have that branch abuse its power.

The Executive power is in the power of the president and the president is “the Commander in Chief of the Army and Navy , Militia of several states when called into service” he has the power to make treaties and appointments “with advice and consent of the senate” receive ambassadors and public ministers and “take care that the laws be faithfully executed”, the constitution doesn’t need the president to enforce the law personally, the presidents subordinates can fulfil those duties instead. Congress although can by impeachment stop appointments to the executive and restrict the president. Even though potential laws are shown for the president for him to approve , Congress will vote for the law even if the president disapproves of the law. which is to keep the executive from passing laws that the majority of the government does not approve off.

The Judicial Power is under control of the supreme court and any other courts set up by congress, supreme