Separation of powers

Definition

The constitutional principle that legislative, executive, and judicial powers are divided among the three branches of government. In this context, it means that Congress — not the courts — decides what conduct to criminalize and how severely to punish it, so courts should not impose additional punishment without clear congressional authorization.

Examples

• •Petitioner argues that courts must be careful before concluding Congress wanted to double-punish one crime, because setting criminal penalties is a legislative function committed to Congress by the Constitution.

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