Kentucky Constitution Articles 2. Distribution of the Powers of Government
Kentucky Constitution – Article II: Distribution of the Powers of Government
Overview:
Article II of the Kentucky Constitution establishes the separation of powers among the three branches of government—Legislative, Executive, and Judicial—which is a foundational principle of American constitutional government.
🔹 Full Text of Article II:
“The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to wit: Those which are legislative to one, those which are executive to another, and those which are judicial to another.”
🔑 Key Points:
Three Branches:
Legislative Branch: Makes the laws (Kentucky General Assembly).
Executive Branch: Enforces the laws (Governor and state agencies).
Judicial Branch: Interprets the laws (Court of Justice).
Strict Separation:
No branch may exercise powers belonging to another branch.
This prevents the concentration of power and supports checks and balances.
🏛️ Purpose and Significance:
This article enshrines the doctrine of separation of powers, a key concept in preventing tyranny and ensuring accountability.
Kentucky courts have often referenced this article in decisions striking down laws or actions that improperly blend powers (e.g., executive interference in judicial decisions).
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