Separation of Powers: The Three Branches of Government A Justice Teaching Case Study

Separation of Powers:Separation of Powers:The Three Branches of The Three Branches of

GovernmentGovernment

A Justice Teaching Case StudyA Justice Teaching Case Study

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Bush v. SchiavoBush v. Schiavo, 885 So. 2d , 885 So. 2d 321 (Fla. 2004): 321 (Fla. 2004):

A discussion of the separation of powers A discussion of the separation of powers under the Florida Constitutionunder the Florida Constitution

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What are the three What are the three branches of government branches of government in Florida?in Florida?

The Executive BranchThe Executive Branch

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The Legislative BranchThe Legislative Branch

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The Judicial BranchThe Judicial Branch

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Where are these branches Where are these branches listed?listed?

The Florida ConstitutionThe Florida Constitution

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The Constitution delineates the The Constitution delineates the powers of each branch of powers of each branch of

governmentgovernment..

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The Three Branches of The Three Branches of GovernmentGovernment

The Legislative Branch creates the The Legislative Branch creates the laws laws

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The Judicial Branch interprets the The Judicial Branch interprets the laws laws

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The Executive Branch executes the The Executive Branch executes the laws laws

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Who else is part of the executive Who else is part of the executive branch?branch?

Law Enforcement Executive Law Enforcement Executive AgenciesAgencies

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There are also three There are also three branches of federal branches of federal

government listed in the government listed in the United States Constitution. United States Constitution.

The Legislative BranchThe Legislative Branch

The Legislative Branch creates the The Legislative Branch creates the laws laws

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The Judicial BranchThe Judicial Branch

The Judicial Branch interprets the The Judicial Branch interprets the laws laws

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The Executive Branch executes the The Executive Branch executes the laws laws

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Who else is part of the executive Who else is part of the executive branch?branch?

FederalFederal

Law Enforcement Executive Law Enforcement Executive AgenciesAgencies

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Can one branch of Can one branch of government perform the duties government perform the duties

of another branch?of another branch?

ANSWER: NOANSWER: NO

Why not?Why not?

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The Florida Constitution The Florida Constitution provides:provides:

Branches of government.—The powers Branches of government.—The powers of the state government shall be of the state government shall be divided into legislative, executive and divided into legislative, executive and judicial branches. judicial branches. No person belonging No person belonging to one branch shall exercise any to one branch shall exercise any powers appertaining to either of the powers appertaining to either of the other branches unless expressly other branches unless expressly provided hereinprovided herein..

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This provision is known as This provision is known as the “separation of powers” the “separation of powers”

clause.clause.Does the United States Does the United States

Constitution have an express Constitution have an express separation of powers clause?separation of powers clause?

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Answer: NoAnswer: No

However, the United States However, the United States Constitution is structured so that no Constitution is structured so that no one branch of government is vested one branch of government is vested with all of the power. Each branch is with all of the power. Each branch is limited (or checked) by the other limited (or checked) by the other branches. Thus, federal government branches. Thus, federal government operates as a system operates as a system

of of checks and balanceschecks and balances..

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Checks on the LegislatureChecks on the Legislature

The President can The President can vetoveto a law passed by a law passed by CongressCongress

The Supreme Court can The Supreme Court can strikestrike a law passed a law passed by Congress as unconstitutionalby Congress as unconstitutional

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Checks on the ExecutiveChecks on the Executive

Congress can Congress can impeachimpeach the President the President The Supreme Court The Supreme Court defines the limitsdefines the limits of the of the

President’s powerPresident’s power

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Checks on the JudiciaryChecks on the Judiciary

The President The President appointsappoints members of the members of the Supreme Court…Supreme Court…

With the With the advice and consentadvice and consent of the Senate of the Senate

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How can we find out what How can we find out what the separation of powers the separation of powers

clause in the Florida clause in the Florida Constitution means?Constitution means?

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The Separation of PowersThe Separation of Powers

It is the duty of the judiciary to It is the duty of the judiciary to interpret the law.interpret the law.

The Florida Constitution is a body of The Florida Constitution is a body of law.law.

We look to judicial decisions to We look to judicial decisions to determine what the separation of determine what the separation of powers clause means.powers clause means.

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The Separation of PowersThe Separation of Powers The clause covers two specific The clause covers two specific

prohibitions:prohibitions:

No branch may encroach upon (invade) No branch may encroach upon (invade) the powers of another.the powers of another.

No branch may delegate (assign) to No branch may delegate (assign) to another branch its constitutional powers.another branch its constitutional powers.

Chiles v. Children A, B, C, D, E, and FChiles v. Children A, B, C, D, E, and F, 589 , 589 So. 2d 260 (Fla. 1991)So. 2d 260 (Fla. 1991)

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The Separation of PowersThe Separation of Powers If the conduct by one branch falls If the conduct by one branch falls

under either prohibition, that under either prohibition, that conduct is conduct is unconstitutionalunconstitutional because it violates the because it violates the separation of powers clause in separation of powers clause in the Florida Constitution.the Florida Constitution.

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Why is a Separation of Powers Why is a Separation of Powers Necessary?Necessary?

According to the Florida Supreme Court, the According to the Florida Supreme Court, the drafters of the Florida Constitution “had drafters of the Florida Constitution “had witnessed the breaking down by witnessed the breaking down by unrestrained unrestrained legislationlegislation all the security of property derived all the security of property derived from contract . . . the overturning of solemn from contract . . . the overturning of solemn decisions of the Courts of the last resort, by, decisions of the Courts of the last resort, by, under the pretence of remedial acts, enacting under the pretence of remedial acts, enacting for one or the other party litigants such for one or the other party litigants such provisions as provisions as would dictate to the judiciary their would dictate to the judiciary their decisiondecision… …

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Why is a Separation of Powers Why is a Separation of Powers Necessary?Necessary?

. . . .and leaving everything which . . . .and leaving everything which should be expounded by the judiciary to should be expounded by the judiciary to the the variable and ever-changing mind of variable and ever-changing mind of the popular branch of the Governmentthe popular branch of the Government.”.”

Trustees Internal Improvement Fund v. Trustees Internal Improvement Fund v. BaileyBailey, 10 Fla. 238 (1863), 10 Fla. 238 (1863)

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Today, you will be a justice on Today, you will be a justice on the Florida Supreme Court the Florida Supreme Court

and decide a real case and decide a real case involving the separation of involving the separation of

powers clause.powers clause.

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But first –But first –

You should examine cases to decide You should examine cases to decide how the Florida judiciary has how the Florida judiciary has analyzed the separation of powers analyzed the separation of powers clause in prior situations.clause in prior situations.


The Legislature passed a law that permitted The Legislature passed a law that permitted the Governor the Governor to reduce state agency budgetsto reduce state agency budgets to prevent a budget deficit. When a revenue to prevent a budget deficit. When a revenue shortfall occurred, the Governor reduced the shortfall occurred, the Governor reduced the budgets of various state agencies.budgets of various state agencies.

The Florida Supreme Court held that the The Florida Supreme Court held that the statute statute violated the separation of powersviolated the separation of powers because because onlyonly the Legislature may allocate the Legislature may allocate (distribute), or reduce the allocation of, state (distribute), or reduce the allocation of, state funds. funds.

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The Court concluded that it is the The Court concluded that it is the responsibility of the Legislature to establish responsibility of the Legislature to establish the priorities of the State of Florida through the priorities of the State of Florida through the allocation of funds. When the power to the allocation of funds. When the power to change those priorities is given to another change those priorities is given to another branch of government (here, the executive branch of government (here, the executive branch) without any guidelines to implement branch) without any guidelines to implement Legislative intent, the duty of the Legislature Legislative intent, the duty of the Legislature to establish priorities is improperly nullified.to establish priorities is improperly nullified.

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B.H. v. StateB.H. v. State, 645 So. 2d 987 (Fla. 1998), 645 So. 2d 987 (Fla. 1998)

A statute made it a crime to escape from a A statute made it a crime to escape from a juvenile commitment facility that is of juvenile commitment facility that is of “restrictiveness level VI or above.” The “restrictiveness level VI or above.” The statute provided that the different statute provided that the different restrictiveness levels would be established by restrictiveness levels would be established by the Department of Health and Rehabilitative the Department of Health and Rehabilitative Services (HRS), an Services (HRS), an executiveexecutive branch agency. branch agency.

The Florida Supreme Court held that the The Florida Supreme Court held that the statute statute violated the separation of powersviolated the separation of powers clause because the authority to determine clause because the authority to determine what the law is, and to define the elements of what the law is, and to define the elements of a crime, belongs a crime, belongs exclusivelyexclusively to the Legislature. to the Legislature.

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B.H. v. StateB.H. v. State, 645 So. 2d 987 (Fla. , 645 So. 2d 987 (Fla. 1998)1998)

Here, the Legislature unconstitutionally Here, the Legislature unconstitutionally delegated the power to define a crime to an delegated the power to define a crime to an executive agency by allowing HRS executive agency by allowing HRS unlimited unlimited discretiondiscretion to define the various levels of to define the various levels of restrictiveness with regard to juvenile restrictiveness with regard to juvenile commitment facilities.commitment facilities.

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State v. CottonState v. Cotton, 769 So. 2d 345 (Fla. 2000), 769 So. 2d 345 (Fla. 2000)

The Prison Releasee Reoffender Punishment Act The Prison Releasee Reoffender Punishment Act authorized the enhanced sentencing of criminal authorized the enhanced sentencing of criminal defendants who qualify as reoffenders. The Act defendants who qualify as reoffenders. The Act gave prosecutors the authority to decide gave prosecutors the authority to decide whether to seek sentencing under the Act. whether to seek sentencing under the Act.

A criminal defendant contended that the Act A criminal defendant contended that the Act violated the separation of powers clause violated the separation of powers clause because it improperly granted prosecutors because it improperly granted prosecutors (members of the executive branch) discretion (members of the executive branch) discretion in sentencing and allegedly encroached on the in sentencing and allegedly encroached on the power of the judiciary to sentence defendants.power of the judiciary to sentence defendants.

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State v. CottonState v. Cotton, 769 So. 2d 345 (Fla. 2000), 769 So. 2d 345 (Fla. 2000)

The Florida Supreme Court held that the Act was The Florida Supreme Court held that the Act was constitutionalconstitutional because the Legislature can give because the Legislature can give prosecutors prosecutors the discretionthe discretion whether to pursue—or whether to pursue—or not pursue—the enhanced penalties in the Act, not pursue—the enhanced penalties in the Act, and the exercise of such discretion by and the exercise of such discretion by prosecutors is generally not subject to review by prosecutors is generally not subject to review by the judiciary. the judiciary.

The Court also noted that the Act only imposes a The Court also noted that the Act only imposes a mandatory minimum sentence. If the defendant mandatory minimum sentence. If the defendant is eligible for a harsher sentence under the law, is eligible for a harsher sentence under the law, courts still have the discretion to impose the courts still have the discretion to impose the harsher sentence. Thus, the Act did not encroach harsher sentence. Thus, the Act did not encroach on the sentencing power of the judiciary.on the sentencing power of the judiciary.

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Marine Industries Assoc. v. Fla. Dep’t of Marine Industries Assoc. v. Fla. Dep’t of Envir. ProtectionEnvir. Protection, 672 So. 2d 878 (Fla. 4th , 672 So. 2d 878 (Fla. 4th

DCA 1996) DCA 1996) Under the Florida Manatee Sanctuary Act, the Under the Florida Manatee Sanctuary Act, the

Legislature designated specific geographic Legislature designated specific geographic areas and authorized the Department of areas and authorized the Department of Environmental Protection (DEP) to regulate the Environmental Protection (DEP) to regulate the construction and expansion of marine facilities construction and expansion of marine facilities and the operation of motorboats in those areas. and the operation of motorboats in those areas.

The Marine Industries Association contended The Marine Industries Association contended that the statute allowing for DEP regulation in that the statute allowing for DEP regulation in one of those areas was an unconstitutional one of those areas was an unconstitutional delegation of legislative authority to the delegation of legislative authority to the executive branch. executive branch.

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DCA 1996) DCA 1996)

The Fourth District Court of Appeal held that The Fourth District Court of Appeal held that no separation of powers violation occurredno separation of powers violation occurred. . The district court explained that although The district court explained that although minimum standards must be established by minimum standards must be established by the Legislature to guide an administrative the Legislature to guide an administrative agency in implementing legislative intent, “if agency in implementing legislative intent, “if the subject matter requires the expertise and the subject matter requires the expertise and flexibility of the agency to deal with complex flexibility of the agency to deal with complex and fluid conditions, the legislature will not be and fluid conditions, the legislature will not be required to draft more detailed or specific required to draft more detailed or specific legislation.” legislation.”

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DCA 1996) DCA 1996)

The district court then noted that DEP had The district court then noted that DEP had been “charged with enacting rules to protect been “charged with enacting rules to protect a migratory endangered species which a migratory endangered species which inhabits waters also used by the public. By inhabits waters also used by the public. By the very nature of the problem and the the very nature of the problem and the mobility of the manatee, articulating exact mobility of the manatee, articulating exact standards would be difficult at best and standards would be difficult at best and probably subject to change on a yearly basis probably subject to change on a yearly basis as the manatees' habitat changes.”as the manatees' habitat changes.”

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Bush v. SchiavoBush v. Schiavo

Now for the case that you will decide.Now for the case that you will decide. Read the case materials provided Read the case materials provided

and circle or highlight all important and circle or highlight all important facts.facts.

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Florida’s Court Structure

SupremeCourt

7 Judges

District Courts of Appeal62 Judges

Circuit Courts599 Judges

County Courts322 Judges

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What are the facts of the case?What are the facts of the case? How did the trial court rule?How did the trial court rule? How did the district court of appeal How did the district court of appeal

rule?rule? How are the facts similar to How are the facts similar to ChilesChiles, ,

B.H.B.H., , CottonCotton, and , and Marine Industries Marine Industries AssociationAssociation??

How are they different?How are they different?

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The Question Presented: Does The Question Presented: Does “Terri’s Law” violate the “Terri’s Law” violate the separation of powers clause of separation of powers clause of the Florida Constitution? the Florida Constitution?

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Supreme Court ConferenceSupreme Court Conference

Individually answer the question.Individually answer the question. If you vote If you vote yesyes, you are ruling in favor , you are ruling in favor

of Michael Schiavo.of Michael Schiavo. If you vote If you vote nono, you are ruling in favor , you are ruling in favor

of Governor Bush.of Governor Bush. Give reasons for the group decision Give reasons for the group decision

and explain how the decision is and explain how the decision is supported by the cases previously supported by the cases previously discussed.discussed.

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How did the Florida Supreme How did the Florida Supreme Court Actually Rule?Court Actually Rule?

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By a By a unanimousunanimous vote, the vote, the Court held that “Terri’s Law” Court held that “Terri’s Law” violated the separation of violated the separation of powers clause of the Florida powers clause of the Florida Constitution.Constitution.

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The Court held that Terri’s law gave the The Court held that Terri’s law gave the Governor Governor the power to reverse a final the power to reverse a final judgmentjudgment that had properly been that had properly been entered by a trial court. By authorizing entered by a trial court. By authorizing the Governor to do so, “Terri’s Law” the Governor to do so, “Terri’s Law” constituted an unconstitutional constituted an unconstitutional encroachment on the power granted to encroachment on the power granted to the judiciary under the Florida the judiciary under the Florida Constitution.Constitution.

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The Court also held that “Terri’s Law” The Court also held that “Terri’s Law” improperly delegated legislative power improperly delegated legislative power to the Governor. The Court noted that to the Governor. The Court noted that the Legislature the Legislature failed to provide any failed to provide any standardsstandards by which the Governor should by which the Governor should determine when to issue a stay, or how determine when to issue a stay, or how long a stay should remain in effect. The long a stay should remain in effect. The law also gave the Governor law also gave the Governor absolute absolute discretiondiscretion to determine when to lift a to determine when to lift a stay. stay.

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Documents

Separation of Powers: The Three Branches of Government A Justice Teaching Case Study