Nebraska Constitution Article II (Distribution of Powers)
Nebraska Constitution – Article II: Distribution of Powers
Article II of the Nebraska Constitution establishes the separation of powers among the three branches of state government—Legislative, Executive, and Judicial—to ensure a system of checks and balances.
🔹 Key Provisions of Article II:
Section 1 – Three Separate Branches
The powers of the state government are divided into three distinct departments: the Legislative, the Executive, and the Judicial.
No person or collection of persons belonging to one branch shall exercise powers properly belonging to another.
Section 2 – Legislative Power
All legislative powers are vested in the Nebraska Legislature (which is unique in being unicameral and nonpartisan).
Section 3 – Executive Power
Executive power is vested in the Governor and other executive officers as established by law.
Section 4 – Judicial Power
Judicial power is vested in the courts of Nebraska.
The judiciary interprets laws and administers justice independently.
Section 5 – Checks and Balances
Each branch has powers to check and balance the others.
No branch should encroach upon the functions of another.
Section 6 – Restrictions on Concurrent Powers
No branch may exercise powers that properly belong to another, maintaining the independence of each department.
✅ Summary:
Article II of the Nebraska Constitution codifies the fundamental principle of separation of powers, ensuring the Legislative, Executive, and Judicial branches operate independently yet collaboratively within their distinct constitutional roles. This framework is essential to maintaining balance, preventing abuse of power, and safeguarding democratic governance in Nebraska.
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