Idaho Constitution Article II - Distribution of Powers

Idaho Constitution – Article II: Distribution of Powers

Overview:
Article II of the Idaho Constitution establishes the separation of powers among the three branches of government: Legislative, Executive, and Judicial. This foundational principle ensures that no one branch holds excessive power and that each operates independently within its constitutional scope.

Full Text of Article II:

Section 1. Departments of Government.
The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.

Key Takeaways:

Separation of Powers:
This clause is designed to prevent any branch from encroaching on the functions of the others, preserving balance in state government.

Exclusive Roles:
Each branch (legislative, executive, judicial) is restricted to its own set of powers unless explicitly allowed otherwise by the Idaho Constitution.

Checks and Balances:
While the branches are separate, this structure supports a system of checks and balances where, for example, the legislature passes laws, the executive enforces them, and the judiciary interprets them.

 

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