Separation of powers

In United States Constitutional Law, the doctrine that each branch of government is separate and has unique powers that the other branches of government may not intrude upon. For example, Congress? as the Legislative branch has the sole power to declare war under the Constitution. However, the President of the United States is the Commander-in-Chief? of the [armed forces]? of the United States. Therein lies a tension- Congress may declare war but may not give orders or dictate, the President may give orders or dictate strategy, but may not declare war. Should either branch overstep its limits- for example, should the President unilaterally invade a foreign state without the authorization of Congress- the other branch may take steps to correct it. In the above example, Congress might vote to withhold funds from the President.

In some instances, legislation? might be overturned upon [judicial review]? as violating the separation of powers doctrine. For example, Congress might delegate the authority to make rules to another agency. If it delegates too much authority the legislation might be overturned as unconstitutional.