The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together:
- The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.
- The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
- The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.
- The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
- The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
- The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
- The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
- The judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.
See our "Branches of Government" infographic to find the checks and balances you see illustrated.
Our federal government has three parts. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of
Representatives) and Judicial (Supreme Court and lower Courts).
The President of the United States administers the Executive Branch of our government. The President enforces the laws that the Legislative Branch (Congress) makes. The President is elected by United States citizens, 18 years of age and older, who vote in the presidential elections in their states. These votes are tallied by states and form the Electoral College system. States have the number of electoral votes which equal the number of senators and representatives they have. It is possible to have the most popular votes throughout the nation and NOT win the electoral vote of the Electoral College.
The Legislative part of our government is called Congress. Congress makes our laws. Congress is divided into 2 parts. One part is called the Senate. There are 100 Senators--2 from each of our states. Another part is called the House of Representatives. Representatives meet together to discuss ideas and decide if these ideas (bills) should become laws. There are 435 Representatives. The number of representatives each state gets is determined by its population. Some states have just 2 representatives. Others have as many as 40. Both senators and representatives are elected by the eligible voters in their states.
The Judicial part of our federal government includes the Supreme Court and 9 Justices. They are special judges who interpret laws according to the Constitution. These justices only hear cases that pertain to issues related to the Constitution. They are the highest court in our country. The federal judicial system also has lower courts located in each state to hear cases involving federal issues.
All three parts of our federal government have their main headquarters in the city of Washington D.C.
Separation of Powers
The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches.
In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.”
Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.”
Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.”
Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.
The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others.