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3 Branches of Government

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Introduction, a. overview of the three branches of government, b. checks and balances, c. importance of separation of powers, d. interactions between the branches.

• The Federalist Papers
• U.S. Constitution
• Supreme Court decisions

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Three Branches of Government

By: History.com Editors

Updated: September 4, 2019 | Original: November 17, 2017

The three branches of the U.S. government are the legislative, executive and judicial branches. According to the doctrine of separation of powers, the U.S. Constitution distributed the power of the federal government among these three branches, and built a system of checks and balances to ensure that no one branch could become too powerful.

Separation of Powers

The Enlightenment philosopher Montesquieu coined the phrase “trias politica,” or separation of powers, in his influential 18th-century work “Spirit of the Laws.” His concept of a government divided into legislative, executive and judicial branches acting independently of each other inspired the framers of the U.S. Constitution , who vehemently opposed concentrating too much power in any one body of government.

In the Federalist Papers , James Madison wrote of the necessity of the separation of powers to the new nation’s democratic government: “The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elected, may justly be pronounced the very definition of tyranny.”

Legislative Branch

According to Article I of the Constitution, the legislative branch (the U.S. Congress) has the primary power to make the country’s laws. This legislative power is divided further into the two chambers, or houses, of Congress: the House of Representatives and the Senate .

Members of Congress are elected by the people of the United States. While each state gets the same number of senators (two) to represent it, the number of representatives for each state is based on the state’s population.

Therefore, while there are 100 senators, there are 435 elected members of the House, plus an additional six non-voting delegates who represent the District of Columbia as well as Puerto Rico and other U.S. territories.

In order to pass an act of legislation, both houses must pass the same version of a bill by majority vote. Once that happens, the bill goes to the president, who can either sign it into law or reject it using the veto power assigned in the Constitution.

In the case of a regular veto, Congress can override the veto by a two-thirds vote of both houses. Both the veto power and Congress’ ability to override a veto are examples of the system of checks and balances intended by the Constitution to prevent any one branch from gaining too much power.

Executive Branch

Article II of the Constitution states that the executive branch , with the president as its head, has the power to enforce or carry out the laws of the nation.

In addition to the president, who is the commander in chief of the armed forces and head of state, the executive branch includes the vice president and the Cabinet; the State Department, Defense Department and 13 other executive departments; and various other federal agencies, commissions and committees.

Unlike members of Congress, the president and vice president are not elected directly by the people every four years, but through the electoral college system. People vote to select a slate of electors, and each elector pledges to cast his or her vote for the candidate who gets the most votes from the people they represent.

In addition to signing (or vetoing) legislation, the president can influence the country’s laws through various executive actions, including executive orders, presidential memoranda and proclamations. The executive branch is also responsible for carrying out the nation’s foreign policy and conducting diplomacy with other countries, though the Senate must ratify any treaties with foreign nations.

Judicial Branch

Article III decreed that the nation’s judicial power, to apply and interpret the laws, should be vested in “one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

The Constitution didn’t specify the powers of the Supreme Court or explain how the judicial branch should be organized, and for a time the judiciary took a back seat to the other branches of government.

But that all changed with Marbury v. Madison , an 1803 milestone case that established the Supreme Court’s power of judicial review, by which it determines the constitutionality of executive and legislative acts. Judicial review is another key example of the checks and balances system in action.

Members of the federal judiciary—which includes the Supreme Court, 13 U.S. Courts of Appeals and 94 federal judicial district courts—are nominated by the president and confirmed by the Senate. Federal judges hold their seats until they resign, die or are removed from office through impeachment by Congress.

Implied Powers of the Three Branches of Government

In addition to the specific powers of each branch that are enumerated in the Constitution, each branch has claimed certain implied powers, many of which can overlap at times. For example, presidents have claimed exclusive right to make foreign policy, without consultation with Congress.

In turn, Congress has enacted legislation that specifically defines how the law should be administered by the executive branch, while federal courts have interpreted laws in ways that Congress did not intend, drawing accusations of “legislating from the bench.”

The powers granted to Congress by the Constitution expanded greatly after the Supreme Court ruled in the 1819 case McCulloch v. Maryland that the Constitution fails to spell out every power granted to Congress.

Since then, the legislative branch has often assumed additional implied powers under the “necessary and proper clause” or “elastic clause” included in Article I, Section 8 of the Constitution.

Checks and Balances

“In framing a government which is to be administered by men over men, the great difficulty is this: You must first enable the government to control the governed; and in the next place, oblige it to control itself,” James Madison wrote in the Federalist Papers . To ensure that all three branches of government remain in balance, each branch has powers that can be checked by the other two branches. Here are ways that the executive, judiciary, and legislative branches keep one another in line:

· The president (head of the executive branch) serves as commander in chief of the military forces, but Congress (legislative branch) appropriates funds for the military and votes to declare war. In addition, the Senate must ratify any peace treaties.

· Congress has the power of the purse, as it controls the money used to fund any executive actions.

· The president nominates federal officials, but the Senate confirms those nominations.

· Within the legislative branch, each house of Congress serves as a check on possible abuses of power by the other. Both the House of Representatives and the Senate have to pass a bill in the same form for it to become law.

· Once Congress has passed a bill, the president has the power to veto that bill. In turn, Congress can override a regular presidential veto by a two-thirds vote of both houses.

· The Supreme Court and other federal courts (judicial branch) can declare laws or presidential actions unconstitutional, in a process known as judicial review.

· In turn, the president checks the judiciary through the power of appointment, which can be used to change the direction of the federal courts

· By passing amendments to the Constitution, Congress can effectively check the decisions of the Supreme Court.

· Congress can impeach both members of the executive and judicial branches.

Separation of Powers, The Oxford Guide to the United States Government . Branches of Government, USA.gov . Separation of Powers: An Overview, National Conference of State Legislatures .

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The Three Branches of Federal Government, Essay Example

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How does the federal government govern America? The U.S. Constitution, ratified in 1789, is the basic instrument of government. Although the power lies with the people, the Constitution divides power both vertically and horizontally. Within the federal government, power is channeled into three different branches – the legislative, the executive,and the judiciary. This is called vertical division of power and often referred as “separation of powers”. The three branches of government served as a system of checks and balances on each other, providing a lateral balance of power. To minimize the chance that one branch will become so strong that it can abuse its power and harm the citizenry, each branch has some power over the other two in a system known as checks and balances. The Constitution also divides power horizontally, into layers, between the nationwide government and the statewide governments. This arrangement is known as federalism. In a further division of powers, state governments create local governments.

There are two branches of federal government that attempt to govern America, the Executive and Legislative Branches. The third branch of the federal triumvirate, the Judicial Branch weights in when there is a constitutional issue caused by the governance of either or both the other two branches. This organizational experiment has been a work in progress for the past 234 years and counting. The Constitution and the Bill of Rights of the United States of America are the basis and the authority for all three Branches to exist and operate. I will belabor these points in detail.

At the federal level, the executive branch includes the president and the vice president and, at the state level, the governor and lieutenant governor. Holders of these offices are elected in national or statewide elections, respectively. The president may remain in powerfor two to four-year terms (if reelected). Most governors may also serve two terms, if reelected. Once elected, the executives appoint a cabinet.

The legislative branch is the body of elected representatives. Most legislatures are bicameral – that is, the governing bodyincludes two houses. The federal legislature is made up of the House of Representatives and the Senate, as are most state governing bodies. Representation in the U.S. House of Representatives is based on populace, so more densely populated states have more representatives. In the U.S. Senate, representation is equal for all the states with two representatives for each. In state senates, one senator represents an entire district.

A number of agencies serve the legislative branch. On the federal government level these agencies are referred to as legislative agencies and include: The General Accounting Office (GAO), The Congressional Budget Officer (CBO) and The Government Printing Office (GPO). In addition, independent commissions provide Congress with reports and advice on policy matters. States generally have agencies that review bills in terms of their fiscal impact and policy implications.

Finally, the judicial branch consists of court system. The highest authority is given to the Supreme Court. Generally, the division of labor among the three branches of government is such that the legislature is charged with making law, the executive branch implements and enforces the law, and the judiciary interprets the law. The judicial branch is not a focus of the government relations process, and certain legal restrictions help to preserve the independence of the judiciary. The role of the courts should always be taken into account, however, because at times it is appropriate to consider whether legal remedies should be pursued either before or after the legislative or regulatory strategy.

The American constitutional system thus simultaneouslyprovides the gateways for access and gates that limit access. The people govern themselves, but indirectly and through a system that disperses power among many competing interests.

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Three branches of government

There are three sections, or branches, of the U.S. government. Find out what they are and how they work together through the system known as checks and balances.

Executive branch

The president is the head of the executive branch and the country. He or she is responsible for signing and enforcing laws passed by Congress. This branch also includes the vice president and the president’s group of advisors, known as the Cabinet.

Powers of the president

—Makes treaties (that must be approved by the Senate)

—Appoints judges and ambassadors (who must be approved by the Senate)

—Calls Congress into session during “extraordinary occasions”

—Enforces laws

—Vetoes bills

—Supports legislation

—Issues executive orders, rules that don’t need Congress’s approval

—Grants pardons to federal offenders

legislative branch

The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress. This branch has the power to “check,” or limit, the president’s power. The law-creation system in the United States, in which members are voted in by the people. Congress writes and revises bills to send to the president to sign into laws. If the president vetoes one, they can override the veto if two-thirds of the representatives disagree with the president and make the bill into a law.

Powers of Congress

—Creates bills that can be voted into laws

—Overrides the president’s vetoes with a two-thirds majority

—Confirms or rejects the president’s appointments

—Confirms or rejects the president’s treaties

—Declares war

—Impeaches the president

judicial branch

The court system in the United States is known as the judicial branch. The Supreme Court is the highest court in this system.

Powers of the Supreme Court

— Decides if the laws passed by Congress or executive orders signed by the president are constitutional and legal

—Declares acts from the president and Congress “unconstitutional”

—Hears cases whose rulings in lower courts have been challenged

From the Nat Geo Kids book Weird But True Know-It-All: U.S. Presidents by Brianna Dumont, revised for digital by Laura Goertzel

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US government and civics

Course: us government and civics   >   unit 1.

• Separation of powers and checks and balances

Principles of American government

• Federalist No. 51
• Multiple points of influence due to separation of powers and checks and balances
• Impeachment
• Principles of American government: lesson overview
• The Framers of the US Constitution structured the government so that the three branches have separate powers. The branches must both cooperate and compete to enact policy.
• Each of the branches has the power to check the other two, which ensures that no one branch can become too powerful and that government as a whole is constrained.
• This structure ensures that the people’s will is represented by allowing citizens multiple access points to influence public policy, and permitting the removal of officials who abuse their power.

The structure of US government: separation of powers

• (Choice A)   The ability of the president to veto legislation and the judicial branch to declare laws unconstitutional A The ability of the president to veto legislation and the judicial branch to declare laws unconstitutional
• (Choice B)   State governments and the federal government have exclusive and concurrent powers B State governments and the federal government have exclusive and concurrent powers
• (Choice C)   Parts of government act independently from each other and have different responsibilities C Parts of government act independently from each other and have different responsibilities

The structure of US government: checks and balances

• (Choice A)   Each branch of government acts independently of the other two in order to control the effects of factions A Each branch of government acts independently of the other two in order to control the effects of factions
• (Choice B)   The branches of government must agree on a balanced budget before they proceed with policymaking B The branches of government must agree on a balanced budget before they proceed with policymaking
• (Choice C)   Each branch of government has the ability to strongly influence or stop the actions of the other two C Each branch of government has the ability to strongly influence or stop the actions of the other two

What’s important about separation of powers and checks and balances?

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United States Government/The Three Branches

• 1 Introduction
• 2 The Legislative
• 3 The Executive
• 4 The Judicial
• 5 The Legislative Process: How A Bill Becomes A Law
• 6 Checks and Balances

Introduction [ edit | edit source ]

The United States Constitution divides government into three separate and distinct branches: the Executive, Legislative and Judicial branches. The concept of separate branches with distinct powers is known as "separation of powers." That doctrine arose from the writings of several European philosophers. The Englishman John Locke first pioneered the idea, but he only suggested a separation between the executive and legislative. The Frenchman Charles-Louis de Secondat, Baron de Montesquieu, added the judicial branch.

Each branch is theoretically equal to each of the others. The branches check each others powers and use a system known as checks and balances . Thus, no branch can gain too much power and influence, thus reducing the opportunity for tyrannical government.

The Preamble to the American Constitution sets out these aims in the general statement:

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America".

The Legislative [ edit | edit source ]

The Congress is the Legislative Branch. Its main function is to make laws. It also oversees the execution of these laws, and checks various executive and judicial powers. The Congress is bicameral - it is composed of two houses. One house is the House of Representatives and the other is the Senate.

The House of Representatives is currently composed of four hundred and thirty-five members. Each of the fifty states is allocated one or more representatives based on its population which is calculated on a decennial basis (once in ten years) . Each state is guaranteed at least one representative. A state that is allocated more than one representative divides itself, as state procedures dictate, into a number of districts equal to the number of representatives to which it is entitled. The people of each district vote to elect one representative to Congress (States that have only one representative allocated choose at-large representatives - the state votes as one entire district). The District of Columbia and a number of U.S. territories have been permitted to elect delegates to the House of Representatives. These delegates may participate in debates, and sit and vote in committee, but are not allowed to vote in the full House. Every House member faces re-election in an even-numbered year and is elected to a two-year term. The House is presided over by a Speaker, who is directly elected by the members of the House.

The Senate is the upper house of the legislative branch of the United States and possesses one hundred members which is considerably less than the four hundred and thirty-five members of the House of Representatives. Each state chooses two senators, regardless of that state's population. The Constitution originally dictated that a state's senators were to be chosen by the state's legislature; after the Seventeenth Amendment was ratified in 1913, senators were elected directly by the state's population. In contrast to the House's two-year terms, Senators are elected to a six-year stint in office. In addition, only one-third of the Senate stands for election during an even year. These differences between the two houses were deliberately put into place by the Founding Fathers; the Senate was intended to be a more stable, austere body, whereas the House would be more responsive to the people's will.

The Vice-President is President of the Senate, but he/she only votes if there is a tie. The Senate also chooses a President Pro Tempore to preside in the Vice-President's absence (though, in practice, most of the time, senators from the majority take turns presiding for short periods).

The Senate and the House are both required to approve legislation before it becomes a law. The two houses are equal in legislative power, but revenue bills (bills relating to taxation) may only originate in the House. However, as with any other bill, the Senate's approval is still required, and the Senate may amend such bills.

The Senate holds additional powers relating to treaties and the appointments of executive and judicial officials. This power is known as "advice and consent." The Senate's advice and consent is required for the President to appoint judges and many executive officers, and also to ratify treaties. To grant advice and consent on treaties, two-thirds of the Senators must concur (agree).

While most votes require a simple majority to pass, it sometimes takes three-fifths of senators to bring a bill to a vote. This is because Senate rules hold that a bill cannot be voted on as long as it is being debated--and there is no limit on how long a senator may debate a bill. Senators sometimes use this rule to filibuster a bill--that is, continue debating a bill endlessly so that it cannot be voted on. The only way to end a filibuster is for three-fifths of all Senators to vote for a cloture resolution, which ends all debate and brings the bill up for voting. Use of the filibuster tends to be controversial. Whichever party is in the majority tends to call its use "obstructionism," while the other side sees it as an important check on the majority.

The House has the sole power to impeach federal executive and judicial officers. According to the Constitution, officers may be impeached for "treason, bribery, or other high crimes and misdemeanors.” The Senate has the sole power to try all such impeachments, a two-thirds vote being required for conviction. The Constitution requires that any individual convicted by the Senate to be removed from office. The Senate also has the power to bar that individual from further federal office. The Senate may not impose any further punishment, although the parties are still subject to trial in the courts. As the Vice-President (being next-in-line to the Presidency) would have an obvious conflict of interest in presiding at a trial of the President, in such cases, the Chief Justice presides. Interestingly, no similar provision prevents the Vice-President from presiding at his or her own trial.

The Executive [ edit | edit source ]

The President, Vice President, and other executive officials make up the Executive Branch. The main function of this branch is to execute the laws created by Congress. The President and the Vice-President are chosen by the Electoral College, a body of people elected for the purpose of electing the President. One may wait to consider the Electoral College in further detail.

The President appoints several Secretaries to head executive departments. An executive department is a body covering a broad topic of law- examples include the Department of Agriculture and the Department of Justice. The several secretaries (in the case of the Justice Department, the Attorney General) serve as advisors to the President and also as the chief officers of their own departments. This group of advisors is collectively known as the President's cabinet . The President nominates these Secretaries, as well as other important federal officials, and the Senate advise and consents to them .

The Judicial [ edit | edit source ]

The Supreme Court and the lower courts compose the Judicial Branch. The judiciary must interpret the laws of the United States. In the course of such interpretations, the courts may find that a law violates the constitution. If so, the court declares the law unconstitutional. Thus, the judiciary also has a role in determining the law of the land.

The judges of federal courts are nominated by the President and advised and consented to by the Senate. The number of judges and the exact structure of the courts is set by law, and not by the Constitution.

The Legislative Process: How A Bill Becomes A Law [ edit | edit source ]

After both houses of Congress pass a bill, perhaps observing the different rules and procedures in each house, but with the exact same final text, the bill is submitted to the President. Immediately, a ten-day clock for the president to act in starts to tick. Sundays are excluded in this calculation.

Once he receives the bill, the President has many options. The outcome of the process depends on the route taken by him.

• Signature- If the President signs a bill, it immediately takes effect as law.
• Veto- The President may, if he pleases, return a bill to the house in which it originated. That house may then consider the President's objections. If it wishes to pass the law in any event, it must repass the bill with a two-thirds majority. If the same occurs, then the other house considers the bill, perhaps repassing it with the same two-thirds majority. If both houses pass the bill with the requisite majority, then the bill becomes law despite the President's veto. If one or both houses fail to provide an adequate majority, then the bill fails
• No Action- The President may decide to take no action at all on a bill. If, for 10 days, the President has neither signed nor returned the bill, the bill becomes law without a signature.
• Pocket veto- The pocket veto is an absolute veto- Congress may not override it by any majority (though it may choose to repass the bill). The pocket veto occurs near the end of a Congressional session. If the bill is with the President, and he has not signed it or returned it, and the ten-day limit has not expired, and Congress adjourns for the year (that is, it decides to meet no longer for the rest of the year), then the President may pocket veto the bill.

Checks and Balances [ edit | edit source ]

In order to prevent any branch of government from becoming too powerful, the Framers of the Constitution created a system of checks and balances. Each branch of government has checks on the others, while it is itself also checked. The complex system can be outlined as follows:

Checks of the Legislative

Checks on the Executive

• Power to override vetoes
• Power to confirm the President's appointment of a Vice President when a vacancy in the Vice Presidency occurs
• Power to tax and allocate tax revenues for executive activities
• Oversight and investigation of executive activities
• (Senate) Power to approve treaties
• (Senate) Power to approve Presidential nominees
• (House) Impeachment, or accusation of a federal official for bribery, treason, or another high crime
• (Senate) Trial of Impeachment

Checks on the Judicial

• Power to set size and structure of courts
• (Senate) Power to approve Presidential nominees for judgeships
• (House) Impeachment

Internal Checks

• Approval of both houses required for passage of a law

Checks of the Executive

Checks on the Legislative

• Power to veto
• Power to pocket veto
• Power to call a special session of Congress when Congress is not already meeting
• Vice President presides over Senate meetings as President of the Senate
• Congress cannot reduce the salary of the President while he continues in office
• Power to nominate judges
• Power to fully or partially pardon convicted criminals

Checks of the Judicial

• Power to declare bills unconstitutional
• Congress cannot reduce the salary of a judge while he continues in office
• The Chief Justice presides over an Impeachment Trial of a President
• Power to declare executive acts unconstitutional

• Book:United States Government

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The United States has three branches of government: the executive, the legislative and the judicial. Each of these branches has a distinct and essential role in the function of the government, and they were established in Articles 1 (legislative), 2 (executive) and 3 (judicial) of the U.S. Constitution.

The belief that a just, fair, and functional government required that power be divided between various branches long preceded the Constitutional Convention of 1789 .

In his analysis of the Ancient Roman government , Greek statesman and historian Polybius identified it as a “mixed” regime with three branches—the monarchy, the aristocracy, and the democracy in the form of the people.

Centuries later, this concept would go on to influence ideas about similar separations of powers being crucial to a well-functioning government expressed by enlightened philosophers such as Charles de Montesquieu, William Blackstone , and John Locke . In his famous 1748 work “The Spirit of the Laws,” Montesquieu argued that the best way to prevent despotism or totalitarianism was through a separation of powers, with different bodies of government exercising legislative, executive, and judicial power, with all these bodies subject to the rule of law. 

Based on the ideas of Polybius, Montesquieu, Blackstone, and Locke, the framers of the U.S. Constitution divided the powers and responsibilities of the new federal government among the three branches we have today. 

The Executive Branch

The executive branch consists of the president , vice president and 15 Cabinet-level departments such as State, Defense, Interior, Transportation, and Education. The primary power of the executive branch rests with the president, who chooses his vice president , and his Cabinet members who head the respective departments. A crucial function of the executive branch is to ensure that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding the homeland and representing the United States' political and economic interests around the world.

The President

The president leads American people and the federal government . He or she also acts as the head of state, and as Commander in Chief of the United States Armed Forces. The president is responsible for formulating the nation’s foreign and domestic policy and for developing the annual federal operating budget with the approval of Congress.

The president is freely elected by the people through the Electoral College system. The president serves a four-year term in office and can be elected no more than twice.

The Vice President

The vice president assists and advises the president, and must be ready at all times to assume the presidency in the event of the president’s death, resignation, or temporary incapacitation. The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie.

The vice president is elected along with the president as a “running mate” and can be elected and serve an unlimited number of four-year under multiple presidents.

The Cabinet

The President’s Cabinet serves as advisors to the president. They include the vice president, the heads of the 15 executive departments, and other high-ranking government officials. Each Cabinet member also holds a spot in the presidential line of succession . After the Vice President, Speaker of the House , and President pro tempore of the Senate, the line of succession continues with the Cabinet offices in the order in which the departments were created.

With the exception of the vice president, Cabinet members are nominated by the president and must be approved by a simple majority of the Senate.

The Legislative Branch

The legislative branch consists of the Senate and the House of Representatives , collectively known as the Congress. There are 100 senators; each state has two. Each state has a different number of representatives, with the number determined by the state's population, through a process known as " apportionment ." At present, there are 435 members of the House. The legislative branch, as a whole, is charged with passing the nation's laws and allocating funds for the running of the federal government and providing assistance to the 50 U.S. states.

The Constitution grants the House of Representatives several exclusive powers, including the power to initiate spending and tax-related revenue bills, impeach federal officials , and elect the President of the United States in the case of an electoral college tie .

The Senate is granted the sole power to try federal officials impeached by the House of Representatives, the power to confirm presidential appointments that require consent and to ratify treaties with foreign governments. However, the House must also approve appointments to the office of Vice President and all treaties that involves foreign trade, since they involve revenue.

Both the House and Senate must approve all legislation —bills and resolutions—before they can be sent to the president for his or her signature and final enactment. Both the House and the Senate must pass the identical bill by a simple majority vote. While the president has the power to veto (reject) a bill , the House and Senate have the power to override that veto by passing the bill again in each chamber with at least two-thirds “super majority” of the members of each body voting in favor.

The Judicial Branch

The judicial branch consists of the United States Supreme Court and lower federal courts . Under the Supreme Court's constitutional jurisdiction , its primary function is to hear cases that challenge the constitutionality of legislation or require interpretation of that legislation. The U.S. Supreme Court has nine Justices, who are nominated by the president and must be confirmed by a simple majority vote of the Senate. Once appointed, Supreme Court justices serve until they retire , resign, die or are impeached.

The lower federal courts also decide cases dealing with the constitutionality of laws, as well as cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases. Decisions of the lower federal courts can be and often are appealed to the U.S. Supreme Court .

Checks and Balances

Why are there three separate and distinct branches of government, each with a different function? The framers of the Constitution did not wish to return to the totalitarian system of governance imposed on colonial America by the British government.

To ensure that no single person or entity had a monopoly on power, the Founding Fathers designed and instituted a system of checks and balances. The president's power is checked by the Congress, which can refuse to confirm his appointees, for example, and has the power to impeach or remove, a president. Congress may pass laws, but the president has the power to veto them (Congress, in turn, may override a veto). And the Supreme Court can rule on the constitutionality of a law, but Congress, with approval from two-thirds of the states, may amend the Constitution .

Updated by Robert Longley

• Basic Structure of the US Government
• The Executive Branch of US Government
• About the Legislative Branch of U.S. Government
• Separation of Powers: A System of Checks and Balances
• The Executive Branch of US Goverment
• Government 101: The United States Federal Government
• The Powers of Congress
• The U.S. Constitution
• About the United States Senate
• Overview of United States Government and Politics
• Legislative Powers of the President of the United States
• Congressional Oversight and the US Government
• Supermajority Vote in US Congress
• High Crimes and Misdemeanors Explained
• Only the President Can Veto Bills
• What the President of the United States Does

The Most Powerful Branch of the US Government Essay

The division of the US federal government into three branches is a practice designed to balance the decision-making system at the national level and distribute powers in accordance with the functions performed. The legislative, executive, and judicial branches coexist successfully to ensure the sustainability of both the national government and the individual state authorities. As a result, the governing bodies cannot carry out uncontrolled work, which is the background for a democratic society. However, given the potential of the possibilities, of the three aforementioned branches, the executive one has the most power in the modern era.

One of the main reasons why the executive branch is more powerful is the decision-making flexibility that the other two branches cannot afford. According to Laidler (2019), the President has the ability to act more freely, in contrast to the judiciary and legislative branches, which are subject to strict regulations and conduct entirely public activities. One of the examples is the work of the presidential administration during the COVID-19 pandemic, when, in the context of ever-changing sanitary conditions, the powers of the President allow for the issuance of urgent decrees and the imposition of necessary restrictions. Congress cannot act at the same speed, which limits the capacity of its members.

Another argument in favor of greater executive power is the coordination of foreign policy. Blanc and Weiss (2019) consider the example of US sanctions against Russia and note that the presidential administration is responsible for the measures taken to weaken the economy of the eastern rival. In relation to modern realities, the situation is similar; Joe Biden retains the status of the first person of the state and either approves or rejects the proposals of Congress to introduce sanctions measures against Russia, the country pursuing an aggressive foreign policy toward Ukraine. Any decisions related to the supply of weapons, humanitarian aid, and other activities are considered by the legislative branch, but it is in the power of the President to make adjustments to these plans. This confirms the more powerful potential of the US executive branch.

Finally, the substantial opportunities of the executive authority in the judiciary sphere are further evidence that the former branch is the most powerful. The appointment of judges, even with the approval of the Senate, is the prerogative of the President. As Resh et al. (2021) argue, the executive branch has the power to change quorum requirements, change the number of state representatives, and coordinate decisions made by the Supreme Court. Any checks must be carried out with the permission of the country’s first person. Resh et al. (2021) give an example of the recent appointment of a new head of the Internal Revenue Service and note that, despite the fact that such a position involves a serious assessment of the candidate’s professional background, including by the responsible judiciary, the decision was made personally by the President. Thus, even in the judiciary, the executive branch has ample opportunities.

When analyzing the current situation, one can say that the executive branch should hardly take a leading role in the modern federal system. The basis of a democratic society is a set of views and decisions taken by authorized persons. The will of one person may be subjective and sometimes incorrect, which, in turn, may entail political, economic, social, and other difficulties. Therefore, giving more power to the legislative branch would be a smarter decision from the perspective of reducing potential bias and following the principles of democratic decision-making.

Blanc, J., & Weiss, A. S. (2019). US sanctions on Russia: Congress should go back to fundamentals . Carnegie Endowment for International Peace. Web.

Laidler, P. (2019). How Republicans and Democrats strengthen secret surveillance in the United States. Political Preferences , (25), 5-20. Web.

Resh, W. G., Hollibaugh, G. E., Roberts, P. S., & Dull, M. M. (2021). Appointee vacancies in US executive branch agencies. Journal of Public Policy , 41 (4), 653-676. Web.

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IvyPanda . "The Most Powerful Branch of the US Government." November 17, 2023. https://ivypanda.com/essays/the-most-powerful-branch-of-the-us-government/.

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3 Branches of Government

The constitution of the United States divides the power of the government into three branches: the executive, the legislative, and the judicial. These three branches collaborate to develop authority that has equal power over the entire country and establish powerful authority. Furthermore, each branch is responsible for carrying out specific responsibilities and duties to function effectively and efficiently, which is following the standards that countries uphold. Correspondingly, legislators, judges, and the executive work together to ensure that the nation’s most powerful law, the constitution, is accurate and that a bill becomes a law is properly implemented and enforced.

The legislative branch is the branch of government that creates laws in a congress that is made up of the House of Representatives and the Senate. It regulates interstate and foreign economic relations and controls the country’s taxing policy. The executive branch is the second branch of government, and its function is to carry out the laws passed by the legislature. It is made up of the president, vice president, cabinet, and most federal agencies, among other people. The third branch, which is the judicial branch, is responsible for evaluating the laws that have been passed. The judicial branch comprises the Supreme Court and the other relatively low levels of the judiciary system.

In addition, as the head of the government, the president has the authority to veto legislation passed by Congress or the legislature and to nominate the most qualified individuals to lead federal agencies. Congress then confirms or rejects the president’s nominees, and it has the authority to impeach the president in the event of extraordinary circumstances. Aside from that, justices of the Supreme Court have the power to overturn unconstitutional laws that have been nominated and confirmed by the president and the senate. As a result, these branches have a system of checks and balances in place, which assists them in responding to the actions of other branches.

The executive branch of government in the United States is responsible for carrying out and enforcing laws. The executive branch is divided into sub-branches, including the president’s administrative office, federal agencies, and independent federal agencies. The executive office of the president is the most powerful of these sub-branches. From communicating with American citizens about the president’s message to ensuring that those messages are carried out, the executive office is in charge of many things. Moreover, they perform tasks that are beneficial to promoting trade interests in other countries. The president is in charge of this branch of government.

The constitution gives the president and the executive agency authority to exercise the powers of this branch. As a result, the executive grants the president powers that are confined in one way or another because it is believed that the federal state is not looking for an authoritarian figure to lead the country, as opposed to a strongman. As a result, the executive presidential office provides advice and support to the president in making decisions that are in the best interests of the citizens of the United States. Second, the federal agencies are tasked with the responsibility of overseeing national security threats and resource allocation. They also take part in regulating practices that are in need of close supervision and regulation. Consequently, the independent federal agencies assist in providing services in areas that are too complex for the state government to handle on a regular basis.

In contrast, the Judicial branch, although it comes after the Executive and Legislative branches of government, is not any less valuable than the other two branches of government. There are two branches of government in the United States: the Supreme Court and the lower federal court system. This branch is responsible for interpreting the law. According to the third amendment of the Constitution, all courts in the Judicial branch have the authority to decipher the law, are headed by a Chief Justice who is in charge of making difficult decisions in trials involving presidential impeachment, and have the ability to engage in judicial review. The judicial branch handles the meaning of laws, the application of laws to specific cases, and the determination of whether or not laws violate the constitution.

In conclusion, the U.s Government divides its power among the three powerful branches of government: the legislative, executive, and judicial branches of government. These branches communicate with one another to establish strong and equal authority in their ability to exercise control over the country. Each branch is responsible for carrying out specific responsibilities and duties to function effectively that are consistent with the values that society upholds. Executive, legislative, and judicial branches all converse with one another to ensure that the Constitution, the nation’s most strong law of the land, is accurately implemented. It is critical to understand how these branches converse with one another to understand how a bill becomes a law and is critical to the functioning of our government (Cohen & Adashi, 2018, p2454). Each branch of government has specific responsibilities to maintain our country flowing efficiently. There are checks and balances in place between the three branches of government to ensure that no one branch gains too much power.

Cohen, I. G., & Adashi, E. Y. (2018). Personhood and the three branches of government. The New England journal of medicine, 378(26), 2453-2455.

Ochieng’Opalo, K. (2019). Legislative development in Africa: Politics and postcolonial legacies. Cambridge University Press.

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The Three Branches of Government, Explained in Terms Simple Enough for a Child

From how checks and balances work to which branch makes our laws, a mom and veteran political strategist breaks down the three branches of government for kids (and, ahem, adults) by answering their most common questions.

The way the federal government works is complicated. If you get confused about what cases the Supreme Court hears, who implements Congress' rules, or how each branch of government works together, you are not alone.

I've spent more than 15 years as a political strategist—interviewing people like Hillary Clinton, Stacey Abrams, and Nancy Pelosi for my podcast Your Political Playlist . One popular topic on my podcast and social media is explaining what the three branches of government are through bite-sized policy interviews that give listeners a chance to better understand how this complicated system works. Based on these conversations and the hard-hitting political questions I get from my 2- and 4-year-old, I've broken down the branches of government.

What Are the Three Branches of Government?

The federal government, which runs the whole country, includes three different groups, or branches, that are separate but have equal power. Each branch functions differently and together they are responsible for making and implementing rules for the entire country.

The executive branch

The executive branch includes the president and a series of departments that are responsible for implementing the rules under the president. The entire country elects the president through the electoral college.

The legislative branch

Next is the legislative branch, which is Congress. In Congress, there are two houses: the House of Representatives and the Senate. Congress has the power to make rules that affect the entire country once they are agreed to and signed by the president.

The judicial branch

Finally, there is the judicial branch, which includes courts. There are different levels of judges and courts, starting with District Courts and going all the way up to the Supreme Court. The president nominates judges, and then they are confirmed (i.e., voted on) by the Senate.

What Stops One Branch of Government From Being Too Powerful?

Two things keep any one branch from being too powerful: "separation of powers" and "checks and balances." Separation of powers refers to the three separated branches (powers) of government. Checks and balances mean that each branch gets the same amount of power.

For example, if the president, who is just one person, decides to make a rule, Congress can vote to override the president's rule and pass their own rule. The new rule from Congress will then become law.

But, if the president doesn't like the law that Congress creates, they can decide whether or not to sign it.

And finally, the judiciary branch has a check on the legislative and executive branches because they interpret the Constitution to make sure the Congress and the president have the power to make the rules they created.

The check on the judicial branch is that the president appoints the judges, and Congress can vote to impeach a federal judge, and they can be removed from office. Additionally, if the judicial branch deems a particular law unconstitutional, Congress can create a new law instead.

Which Branch of Government Makes the Laws?

The executive and the legislative branches work together to make laws. When Congress passes a bill, the president has to sign it into law. After a law is passed, the executive branch does the day-to-day work of executing it. The judicial branch does not make laws, but they decide on cases that are in front of them and the impact of their decision can create a new law or force a law to be revised.

Which Branch of Government Enforces Laws?

Both the executive branch and judicial branch have responsibilities for enforcing laws. In the executive branch, departments like the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) are responsible for ensuring the laws are followed. If someone makes a complaint, the judicial branch can decide if laws are being implemented the right way.

Which Branch of Government Interprets Laws?

The judicial branch sorts out arguments over laws. They'll decide if a law is constitutional, and they'll determine how it should be applied. However, the executive branch must also interpret the law and put it into practice because they're the ones that have to execute it and make sure everything runs properly.

Does the President Have All the Power?

Although the president holds a lot of power, they don't have complete power. In order for something to become a law, Congress must vote on it before the president signs it into law. Congress can also override rules the president makes, and the judicial branch can decide if the president did not have the power to create the rule they made.

Who Is in Congress, and What Is the Difference Between the Senate and the House?

Congress is divided into two parts, called the House of Representatives and the Senate. Each state, no matter how big or small, has two senators to represent its citizens in the Senate. Since there are 50 states, there are 100 senators.

In the House, each member is elected to represent a portion of their home state called an electoral district. There are 435 members in the House, and the number of elected representatives from each state depends on the total number of people living there. Members of the House keep their job for two years until they face another election, and members of the Senate stay in their position for six years until they have to get re-elected.

The House and Senate together are called Congress, and their main job is to create and pass bills into law. However, they do have a couple of differences:

• The House can impeach, which means to accuse a person of an illegal act.
• The Senate holds the hearing/trial on that accusation or impeachment.
• The Senate also votes on presidential nominations to cabinet positions and Supreme Court justices.

How Do You Get Onto the Supreme Court?

First, you are nominated by the president. Then, the Senate, part of the legislative branch, votes on whether to give you the Supreme Court job. If the majority of the Senators vote for you, then you get to stay on the Supreme Court for the rest of your life (or until you choose to retire).

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Three Branches of Government: Studying and Essay Organization

Description

We the People of the United States, in order to form a more perfect union, establish justice , insure domestic tranquility , provide for the common defense , promote the general welfare , and secure the Blessings of Liberty to ourselves and our posterity , do ordain and establish this Constitution for the United States of America.

This is the ‘hook’ that got thousands of Americans’ attention, and got them to agree to the new system of government. The three branches of government.

By the end of this mini-unit, students will write a strong 5 paragraph essay on the three branches of government!

This PowerPoint includes directions for a GooseChase - a digital scavenger hunt. If you would like directions on how to make that happen with your Social Studies text book, please send me a message.

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Essay About Three Branches of Government

In theory, the three branches of government serve to maintain the system of checks and balance, to prevent one branch from having more power, or too much power, than the others. This is to uphold Democracy and to prevent dictatorships and authoritarian government practices, to keep the country free, Capitalistic and Democratically fair to the people. The three branches making up the United States government are the Executive, Legislative and Judicial branches, as seen in the President, the Supreme Court, and Congress. To understand why things are done this way, it’s important to know a little about each branch, what it does and why it is important. This further assures the American citizen that they live in a country run, in theory, by the whole population who select people to represent them, their needs and their challenges.

The President of the United States of America is not the only one running the show. For their time, for at least four years, they are essentially heading the Executive branch of the United States government. Though they are the commander-in-chief of the American military, the President does not have unlimited power to rule the country. The President is intentionally limited in power so as to prevent a regime, where a leader has complete control over every single government entity. The Vice President supports the president in various affairs as part of the Executive branch and becomes a liaison with the Senate. Cabinet members are also part of the Executive branch and assist the President in decision-making and other responsibilities. The President can veto some bills not passed by Congress, which means the President does have certain powers not shared by members of the other branches.

The Supreme Court and its Justices make up the Judicial branch. They determine if certain laws work in correlation with the United States Constitution. The President nominates each Justice, and their positions have to first be approved by a majority of those in the Senate. The Judicial branch makes sure the country’s entire law-making system is done correctly, fairly and in the name of true and fair justice and Democracy. This branch sees that the country is run legally with respect to providing citizens their Constitutional rights. The Judicial branch has the power to decide if certain laws should be incorporated into the life of everyday Americans. Most recently, the Supreme Court Justices determined that Federal bans on same-sex marriages were unconstitutional. Once that bill passed and became a Federal law, individual states were able to vote to determine if they would allow same-sex marriages.

And the Legislative branch, essentially the United States Congress, in many ways collectively chooses the country’s laws and what becomes part of the Constitution, which is always being amended to reflect today’s society, its people, and its needs, challenges, and limitations. The Senate and the House of Representatives make up the Legislative branch of the American government. The Senate has 100 members, exactly two from each of the 50 states; and the House of Representative has 435 members, representing the various districts of the American population (the most populous places get more representatives). Together, they determine if certain bills should be laws to protect the rights of the people.

In conclusion, the three branches of the American government works – and this system has worked for more than 200 years. The system of checks and balances is by no means perfect, as seen in how President vetoes some bills that Congress is unwilling to pass. This, of course, creates mistrust among the various branches, in turn preventing effective cooperation between the departments of the government. Nonetheless, as time goes on, this system will evolve and will one day become the common way governments all around the world will run. It equates to happy citizens who make up a happy, successful and self-preserving society.

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