Which is the most accurate description of US government: ‘separated powers’ or ‘shared powers’?

The most accurate description of the US government is shared powers rather than ‘separated powers’ as there is a separation of institutions with the executive, judiciary and legislature being completely separate from one another.

Although it is described as having a separation of powers the work carried out by each institution shows that the powers are shared to some extent. It is argued by some that ultimately it is the power of checking another government branch that illustrates their shared power.

The system of checks and balances ensures that each branch is co-equal. The Founding fathers set up a system whereby each institution can check and keep the other one in balance to ensure they use their power in a way to benefit and protect the rights of the people.

This is illustrated in the way in which the judiciary holds checks on the legislature (makes the law) and executive (carries out the law) through judicial review (i.e. the power of the court to declare Acts of Congress to be unconstitutional), demonstrating how all 3 branches of government share responsibility for legislation.

Other checks and balances demonstrate how no single branch’s power is completely separated from the other branches; for example, in 3 years (1986-89) Congress removed three federal judges from office, or the legislature’s ability to stop presidential vetoes (which requires a 2/3 majority in Congress), as in George W Bush’s two terms in office when Congress overturned 4 out of 11 of his presidential vetoes.

Theses examples only strengthen the argument that the branches of government are “like two halves of a bank note – each useless without the other” (Prof. S.E. Finer 1970).

However, it could be argued that in some aspects the US government portrays ‘separated powers’ due to no one person being allowed to be in more than once branch of government and therefore powers cannot shift from one branch to another through personnel. For example, in 2008 when Barack Obama had been elected as president he became the executive and therefore had to resign his seat in the Senate which is part of the legislative branch.

Despite this, the phrase ‘shared powers’ is the most accurate description which is supported by Neustadt’s argument of “separated institutions sharing powers”. Neustadt’s description shows that the term ‘separated powers’ is misleading, as it is the institutions of government which are understood to be separate, whilst the powers are shared.