The Three Branches of Government
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Separation of Powers
The U.S. Constitution establishes a government with three separate branches, each with distinct powers and responsibilities. This design, called "separation of powers," prevents any single branch from becoming too powerful.
Definition: Separation of Powers
Separation of powers is the constitutional principle that divides governmental authority among the legislative, executive, and judicial branches to prevent the concentration of power in any one branch.
The Three Branches
| Branch | Primary Role | Key Components |
|---|---|---|
| Legislative | Makes laws | Congress (Senate + House of Representatives) |
| Executive | Enforces laws | President, Vice President, Cabinet, federal agencies |
| Judicial | Interprets laws | Supreme Court, federal courts |
Checks and Balances
Each branch has powers that can limit the others, creating a system of checks and balances:
- Legislative checks: Congress can override presidential vetoes, approve appointments, impeach officials, and control funding
- Executive checks: The President can veto legislation, appoint judges, and grant pardons
- Judicial checks: Courts can declare laws unconstitutional (judicial review)
Key Concept: Judicial Review
Established in Marbury v. Madison (1803), judicial review gives the Supreme Court the power to declare laws unconstitutional. This makes the judiciary a crucial check on both Congress and the President.
The Legislative Branch in Detail
- Senate: 100 members (2 per state), 6-year terms, confirms appointments, ratifies treaties
- House of Representatives: 435 members (based on population), 2-year terms, initiates revenue bills, brings impeachment charges
- How a Bill Becomes Law: Introduction, committee review, floor debate, passage by both chambers, presidential signature
Examples
Example 1: Checks and Balances in Action
Scenario: Congress passes a law requiring all citizens to carry identification cards.
Executive check: The President could veto the bill, requiring Congress to muster a 2/3 majority to override.
Judicial check: If signed into law, the Supreme Court could rule it unconstitutional if challenged (e.g., violation of privacy rights).
Example 2: The Appointment Process
Scenario: A Supreme Court vacancy occurs.
- President nominates a candidate (Executive power)
- Senate Judiciary Committee holds hearings (Legislative check)
- Full Senate votes on confirmation (Legislative check)
- If confirmed, judge serves for life (Judicial independence)
Example 3: Impeachment
Process:
- House of Representatives investigates and votes on articles of impeachment
- If majority votes to impeach, the case moves to the Senate
- Senate holds a trial, with Chief Justice presiding (for presidential impeachments)
- 2/3 Senate vote required for removal from office
This demonstrates how the legislative branch can check the executive branch.
Practice
Solve these problems. Answers are provided below for self-checking.
1. Which branch of government has the power to declare war?
2. How can Congress check the power of the President?
3. What is judicial review and where does it come from?
4. Why did the Founders create a system with three branches rather than one?
5. A President vetoes a popular bill. What options does Congress have?
Click to reveal answers
- The Legislative Branch (Congress) has the power to declare war, though the President is Commander-in-Chief of the military.
- Congress can: override vetoes with 2/3 vote, refuse to confirm appointments, control the budget/funding, impeach and remove from office, conduct investigations and oversight.
- Judicial review is the Supreme Court's power to declare laws unconstitutional. It was established in Marbury v. Madison (1803) and is not explicitly stated in the Constitution but implied.
- To prevent tyranny by dividing power. The Founders feared concentrated power (having experienced British monarchy) and designed a system where each branch checks the others, preventing any one branch from dominating.
- Congress can: (1) attempt to override the veto with a 2/3 majority vote in both chambers, (2) modify the bill to address presidential concerns and pass a new version, or (3) let the bill die and pursue other legislative strategies.
Check Your Understanding
1. How does the system of checks and balances protect citizens?
Show answer
Checks and balances protect citizens by preventing any one branch from accumulating too much power and potentially becoming tyrannical. Each branch can limit the others, ensuring that major decisions require cooperation and consensus across multiple branches. This protects individual rights and promotes deliberation.
2. What would happen if there were no judicial review?
Show answer
Without judicial review, there would be no independent check on whether laws comply with the Constitution. Congress could pass laws that violate constitutional rights, and the President could act unconstitutionally, with no mechanism for legal challenge. The Constitution would become merely advisory rather than the supreme law of the land.
Next Steps
- Review any concepts that felt challenging
- Move on to the next lesson when ready
- Return to practice problems periodically for review