Court Shorts: Separation of Powers

Federal judges offer insights into their thinking about the separation of powers and describe how healthy tensions among the branches have a stabilizing effect on democracy. The judges also share their respect for and commitment to this founding principle, which has an impact on everyday American life. The video is for teens through adults who want to understand current events through the lens of the Constitution’s framework for how Congress, the Presidency, and the Judiciary are designed to relate to each other, particularly when dealing with contentious issues. As the video illustrates, all three branches play a role in preserving constitutional liberties. To make the point, the judges give an example of how the separation of powers protects First Amendment freedoms to take an unpopular stand and to express views that others don’t share. They reference the flag-burning case Texas v. Johnson and how a law banning flag desecration touched off a controversy that all three branches grappled with