When our Founding Fathers were writing the Constitution they turned to history for examples of the kind of government they wanted and for the kind of government they wanted to avoid.

Because of their view that British rule was tyrannical, the Founders believed that a government works best when its power is shared and not concentrated in a single authority.

Not only did the Framers want to keep any one individual from having too much power, they wanted to make sure each branch of the federal government had some control over the other two branches to keep any one part of the government from becoming too powerful. Their aim was to establish what John Adams considered the very definition of a republic: "a government in which all men...are equally subject to the laws."

They carried out their vision of a government of separated powers through a constitutionally established series of checks and balances. Under the doctrine of separation of powers the legislative branch makes laws, the executive branch carries out those laws and the judicial branch determines if the laws are constitutional.

While the responsibilities of each branch of the government are outlined in the Constitution, each generation struggles to define how the three work together. One of the strengths of the Constitution is how it adapts to changing times and situations yet still maintains its integrity.

Other institutions outside government also serve as checks and balances on the powers of the legislature, the executive and the judiciary. These institutions include a free press that can investigate and report on government actions, non-governmental organizations that advocate for different interests, and the power of the people in whom government authority ultimately rests.

Lawyers have a special relationship with the Constitution. They affirm their support for the laws of the United States established by the Constitution so that supporting the law becomes the guiding principle of the profession.

September 17 is the day formally set aside as Constitution Day, marking the date the U.S. Constitution was signed by the Constitutional Convention in 1787. The Constitution, however, works for us every day. We can thank our Founding Fathers for that.

For a series of resources on the separation of powers, please contact the ___________ Bar Association at XXX-XXX-XXXX, or you may download information at www.abanet.org/publiced/features/sepdialogue.html.

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© 2007 American Bar Association