OCTOBER TERM, 1975
Per Curiam
424 U. S.
and transfers it to the President, or to the Judicial
branch, or if by law it attempts to invest itself or
its members with either executive power or judicial
power. This is not to say that the three branches
are not co-ordinate parts of one government and
that each in the field of its duties may not invoke
the action of the two other branches in so far as the
action invoked shall not be an assumption of the
constitutional field of action of another branch. In
determining what it may do in seeking assistance
from another branch, the extent and character of
that assistance must be fixed according to common
sense and the inherent necessities of the governmental co-ordination." Id., at 406.
More recently, Mr. Justice Jackson, concurring in the
opinion and the judgment of the Court in Youngstown
Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 635 (1952),
succinctly characterized this understanding:
"While the Constitution diffuses power the better
to secure liberty, it also contemplates that practice
will integrate the dispersed powers into a workable
government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity."
The Framers regarded the checks and balances that
they had built into the tripartite Federal Government
as a self-executing safeguard against the encroachment
or aggrandizement of one branch at the expense of the
other. As Madison put it in Federalist No. 51:
"This policy of supplying, by opposite and rival
interests, the defect of better motives, might be
traced through the whole system of human affairs,
private as well as public. We see it particularly displayed in all the subordinate distributions of power,
where the constant aim is to divide and arrange the
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