ABSTRACT
Separation of the legislative, executive, and judicial functions was a practice that, if not common, certainly was familiar to the Framers of the Constitution. The "exclusive" version of separation of powers is the antithesis of totalitarian government, which, by definition, means the concentration of power in the form of the "Leviathan," or a single omnipotent leader or political party. The difference between the exclusive and mixed versions of separation of powers is a difference of degree. As it confronts issues dividing the branches of government, the Supreme Court focuses on its view of the need for governmental efficiency. In contrast with the exclusiveness of the president's power in foreign affairs, in the realm of domestic affairs a more responsive Congress adds substantially to the separation of powers formula. In separation of powers there are limits to the mixing of powers as well as limits to the exclusive powers.
