BUCKLEY v. VALEO
Per Curiam
are more fully explained in other passages; but
briefly stated as they are here, they sufficiently
establish the meaning which we have put on this
celebrated maxim of this celebrated author." 160
Yet it is also clear from the provisions of the Constitution itself, and from the Federalist Papers, that the
Constitution by no means contemplates total separation
of each of these three essential branches of Government.
The President is a participant in the lawmaking process
by virtue of his authority to veto bills enacted by Congress. The Senate is a participant in the appointive
process by virtue of its authority to refuse to confirm
persons nominated to office by the President. The men
who met in Philadelphia in the summer of 1787 were
practical statesmen, experienced in politics, who viewed
the principle of separation of powers as a vital check
against tyranny. But they likewise saw that a hermetic
sealing off of the three branches of Government from one
another would preclude the establishment of a Nation
capable of governing itself effectively.
Mr. Chief Justice Taft, writing for the Court in Hampton & Co. v. United States, 276 U. S. 394 (1928), after
stating the general principle of separation of powers
found in the United States Constitution, went on to
observe:
"[T]he rule is that in the actual administration of
the government Congress or the Legislature should
exercise the legislative power, the President or the
State executive, the Governor, the executive power,
and the Courts or the judiciary the judicial power,
and in carrying out that constitutional division into
three branches it is a breach of the National fundamental law if Congress gives up its legislative power
160
Id., at 302-303 (emphasis in original).
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