Chapter §12.3 GENERAL PRINCIPLES OF SEPARATION OF POWERS

• Jurisdiction: Oregon

§12.3 GENERAL PRINCIPLES OF SEPARATION OF POWERS

Article III, section 1, of the Oregon Constitution divides the powers of state government into three separate branches. The Oregon Constitution provides for the powers and authorities of the branches of government in separate articles of the constitution. Article IV, section 1, of the Oregon Constitution vests the legislative power of the state in the Legislative Assembly and the people through initiative. Article V, section 1, vests the executive power of the state in the governor. Article VI, sections 1-5, creates the state Administrative Department within the Executive Department and is comprised of the Secretary of State, the Treasurer of State, and all state agencies. Article VII (Amended), section 1, vests the judicial power of the state in the state supreme court and other courts as created by law.

COMMENT: Within the articles creating the Executive and Administrative Departments, the constitution refers directly only to the governor, the Secretary of State, and the Treasurer of State. Other governmental entities and individuals who fall within the Executive Department and are charged with official duties of that department include the Department of Justice and the Attorney General. See ORS 180.010 (establishing the Office of the Attorney General); State ex rel. Frohnmayer v. Oregon State Bar, 307 Or 304, 310, 767 P2d 893 (1989) (Attorney General as Executive Department official); Monaghan v. Sch. Dist. No. 1, Clackamas County, 211 Or 360, 376, 315 P2d 797 (1957) (education as a function of the Executive Department); Gibson v. Kay, 68 Or 589, 597, 137 P 864 (1914) (State Corporation Commission); 29 Op Atty Gen 308 (1959) (secretary of an irrigation district and State Water Resources Board).

§12.3-1 Purpose of Separation of Powers

Separation of powers is a mechanism for dividing the power of state government. It serves as both a limitation on, and a guardian of, the institutional and personal authority inherent in each department. Separation of powers is deemed essential to the preservation of liberty to protect the departments of government in a full-functioning democracy from the coercive influence of the other departments. Monaghan v. Sch. Dist. No. 1, Clackamas County, 211 Or 360, 364-66, 315 P2d 797 (1957).

COMMENT: The allocation of power in the federal government does not apply to the separation of powers provisions contained in the Oregon Constitution. Perkey v. Psychiatric Sec. Review Bd., 65

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