SEPARATION OF POWERS – A VITAL AMERICAN LEGAL DOCTRINE
by Dr. Lawrence Wilson
© June 2026, LD Wilson Consultants, Inc.
All information in this article is for educational purposes only. It is not for the diagnosis, treatment, prescription or cure of any disease or health condition.
I. INTRODUCTION
DEFINITION
The legal principle of separation of powers means that the same people must not be allowed to 1) make the laws, 2) enforce the laws, and 3) judge the laws. This is one of the most basic American legal principles.
Stated differently, the three jobs of making, enforcing and judging the laws are to be done by different people or groups. The reason is to limit the concentration of government power in a few hands. Such concentration of government power is called tyranny, dictatorship, socialism or, communism. In the past it was also called monarchy or oligarchy, the rule of one or a small group.
OCCUPATIONAL LICENSING VIOLATES SEPARATION OF POWERS
Among the most serious violations of this legal principle in America are the occupational licensing laws. They violate the principle because government licensing boards 1) make the rules, 2) enforce the rules and 3) judge the rules in “administrative courts”.
These laws began to be passed around 1900. Corrupt courts justified these laws by a phony legal doctrine called the police powers.
Among the most important were the medical licensing laws and attorney licensing. However, today most states in America have over 30 occupational licenses!
THE GOVERNMENT AGENCIES VIOLATE SEPARATION OF POWERS
Another of the most serious violations of the separation of powers legal principle are the 47 or so government agencies in America. These have names like the FDA, FTC, SEC, TSA, IRS, and so on.
In fact, these agencies now make more than 99% of America's laws. The only problem is they are not laws! They are technically “agency regulations”, but they carry the force of law. Real laws are passed by a legislature filled with representatives of the people. This is not the case with regulatory agencies.
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