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Separation of Powers


February, 2003

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Problem

Democratically structured governments in the United States and in the several states are normally organized into 3 separate but co-equal branches. Rhode Island differs from all other states in that the legislative branch takes on powers that would in a 3 coequal branches government belong to either the judicial or the executive branches. This allows a relatively few members of the legislature to control executive boards and agencies by having legislators sit on these executive bodies in addition to the normal legislative function of oversight and fiscal appropriations.

Separation of Powers is critical to the health of the Environment as the intertwining of legislative and executive powers has interfered with the proper functioning of environmental agencies and the executive boards that administer Rhode Island’s environmental laws.


Solutions

ECRI seeks strong, appropriate legislative oversight to hold environmental agencies accountable for protecting our natural resources and public health. It is ECRI’s position that effective oversight by the legislature, and a strong executive branch advocating for environmental protection, can not be achieved without separation of powers.


Strategies

Support the Rhode Island Separation of Powers Coalition which is organizing public education on the issue and coordinating efforts to influence the legislature to pass a strong bill creating three co-equal branches of government.

Argue for the need for legislators to be able to oversee, but not participate on, state agencies and boards executing the laws and regulations of our state

Advocate for full and proper funding for the legislature so that it may effectively act in an overseer capacity, and for proper funding for agencies and boards to carry out their responsibilities during the transition to a full separation of powers