<Li> Defendants convicted can appeal, but only fresh and compelling evidence not available at trial can be introduced, restricting the power of the court of appeal to the process of law applied . </Li> <P> The greatest expression of the separation of powers was incorporated in the United States Constitution, the founding fathers included features of many new concepts, including hard - learned historical lessons about the checks and balances of power and the then - new concept of separation of powers . Similar concepts were also prominent in the state governments of the United States . As colonies of Great Britain, the founding fathers considered that the American states had suffered an abuse of the broad power of parliamentarism and monarchy . As a remedy, the US Constitution limits the powers of the federal government through various means, in particular, the three branches of the federal government are divided by exercising different functions, and are separated in origin by separate elections, each branch controls the actions of others and balances its powers in some way . </P> <P> In the United States Constitution, Article 1 Section I gives Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress . The vesting clause in Article II places no limits on the Executive branch, simply stating that, "The Executive Power shall be vested in a President of the United States of America ." The Supreme Court holds "The judicial Power" according to Article III, and it established the implication of Judicial review in Marbury v. Madison under the Marshall court . </P> <P> The presidential system adopted by the Constitution of the United States obeys the balance of powers sought, and not found, by the constitutional monarchy . The people appoint their representatives to meet periodically in a legislative body, and, since they do not have a king, the people themselves elect a preeminent citizen to perform, also periodically, the executive functions of the State . The direct election of the head of state or of the executive power is an inevitable consequence of the political freedom of the people, understood as the capacity to appoint and depose their leaders . Only this separate election of the person who has to fulfill the functions that the Constitution attributes to the president of the government, so different by its nature, and by its function, from the election of representatives of the electors, allows the executive power to be controlled by the legislative and submitted to the demands of political responsibility . </P>

Where are the legislative branch powers derived from