The U.S. Constitution was the first written constitution to create a government formed around the doctrine of separation of powers. Separation of powers gives each branch of government separate powers that act to check and balance the powers of the other branches. The framers of the Constitution deliberately created tension between the branches to ensure that no one branch would dominate our government. An understanding of separation of powers is fundamental to informed engagement with our government and the issues it confronts. We encourage lawyers and judges across the country to organize Dialogues in their community.

About the Dialogue on the Separation of Powers
The Dialogue on the Separation of Powers offers several options for exploring different topics.

• Part I, "What Is Separation of Powers?", looks at how the doctrine of separation of powers is expressed in the U.S. Constitution.
• Part II, "Points of Conflict Between the Branches," explores current areas of tension, including judicial review, the advice and consent power of the Senate, executive privilege, and constitutional war powers.
• Part III, "Mending Wall and the Separation of Powers," uses a classic poem by Robert Frost to discuss the differing perspectives of two Supreme Court justices on separation of powers.

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How to Do a Dialogue
Select the appropriate topic for your audience in consultation with the classroom teacher or community group leader. Our tips on How to Do a Dialogue on the Separation of Powers provide a step-by-step plan for organizing a Dialogue at a high school in your community. You might also find our Ground Rules for Participating in a Dialogue on the Separation of Powers helpful for high school audiences.

For all audiences, we encourage you to use the Anticipation Guide at the beginning of your Dialogue as a way to help your audience define their opinions on the topics they will discuss. You can also use the Anticipation Guide again at the end of the Dialogue to see if anyone's opinions about separation of powers have changed.

ABA Dialogue Program
The Dialogue on the Separation of Powers is the fourth installment in the ABA Dialogue Program. Supreme Court Justice Anthony Kennedy introduced in the first Dialogue program, the Dialogue on Freedom, at the 2002 ABA Midyear Meeting in Philadelphia. In 2003, the ABA introduced the Dialogue on Brown v. Board of Education to commemorate the 50th anniversary of the Supreme Court's landmark ruling. In 2005, the Dialogue on the American Jury was produced as part of the ABA American Jury Initiative.