The following excerpt is from Benjamin v. Jacobson, 172 F.3d 144 (2nd Cir. 1999):
The Constitutional principle of separation of powers protects each of the three Branches of the federal government from encroachment by either of the other Branches. Article III of the Constitution "establishes a 'judicial department' with the 'province and duty ... to say what the law is' in particular cases and controversies." Plaut, 514 U.S. at 218, 115 S.Ct. 1447 (quoting Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803)). The separation of powers "serves both to protect the role of the independent judiciary within the constitutional scheme of tripartite
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