ABSTRACT
The principle of separation of powers, propounded by seventeenth and eighteenth century political philosophers Harrington, Locke, and Montesquieu, was a device for limiting government power by taking the ancient lawmaking power from the monarch and vesting it in a legislature. A function of Congress vying in importance with lawmaking itself is investigation. The power of the federal government over the armed forces of the nation is also divided between the president and Congress. The Court has also declined to allow Congress to be the sole judge of the scope of the privilege enshrined in the speech or debate clause of the Constitution. Government counsel replied that the president "has the power to take such action as is necessary to meet the emergency" and indicated that the only limitations on executive power in an emergency are the ballot box and impeachment. Recent presidents have enjoyed considerably more independence in shaping foreign as opposed to domestic policy.
