4.1. Separation of Power in USA

The United States Constitution has a more rigid separation of powers than the Constitutions of other democracies. The United States Constitution provides a list of permissible and prohibited actions for Congress. The Executive Power shall be vested in a President of the United States of America." And as per the vesting clause no limits on the Executive branch has been placed. The Supreme Court also holds the power of judicial review. Checks and balances allow for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.

The following are illustrations where there are checks and balances:

1. The lawmaking power of the Congress is checked by the President through its veto power, which in turn maybe overturn by the legislature

2. The Congress may refuse to give its concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded

3. The President may nullify a conviction in a criminal case by pardoning the offender

4. The Congress may limit the jurisdiction of the Supreme Court and that of inferior courts and even abolish the latter tribunals

5. The Judiciary in general has the power to declare invalid an act done by the Congress, the President and his subordinates, or the Constitutional Commissions.