Your Constitutional Minute: Separation of Powers

The Constitution

Inherent in the Constitution’s Separation of Powers—the division of federal authority between the branches—is the obligation of Congress and the President to obey the courts. It is a lynchpin of our constitutional system of checks and balances that following court orders is not optional. Elected officials, former and current judges, legal scholars, and legal organizations have all spoken out against the dangers of the government disobeying a court order and the importance of preserving an independent judiciary.

The Administration

Vice-President J.D. Vance has argued that “Judges aren’t allowed to control the executives legitimate power.” Elon Musk responded to an adverse decision by calling the Judge “corrupt” and saying he “needs to be impeached.” Several Bar Associations have pointed out that such statements by those in the constitutionally co-equal branches imperil the independence of the judiciary and the rule of law. Federal judges are obligated to decide the issues presented in their cases to the best of their ability. Under basic constitutional principles like the separation of powers and checks and balances, there is nothing corrupt, illegal, or improper about judges ruling against the government in order to enforce constitutional and statutory limitations.

The Law

If the administration ignores the courts and continues to behave in ways that are antithetical to the Constitution and the rule of law, America will no longer be a democratic republic—it will be an autocracy.

Sheila Suess Kennedy, J.D.