thesis statement about the three branches of government

Understanding the Three Branches of Government in the U.S.

Exploring the roles and powers of legislative, executive, and judicial branches..

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Late Night host Seth Meyers recently set out to decode exactly how former President Trump thought the three branches of government work. This humorous take on a serious topic highlighted the need for civic education and awareness among the general population.

Municipal officials, particularly mayors, councilmembers, and city managers, should also have a solid understanding of the roles of their respective offices and how they interact with the three branches of government. Local governments play a crucial role in implementing policies that directly affect communities, making it essential for officials to grasp the broader governmental structure.

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In the U.S., the Federal Government is composed of three distinct branches: legislative, executive, and judicial. These branches derive their powers from the U.S. Constitution, which outlines the division of powers and responsibilities among them. This separation of powers is a foundational principle of American democracy.

Presidential immunity, judicial immunity, and legislative immunity are essential components of a system that allocates power through a democratic process. Each branch must be able to operate independently without fear of reprisal, ensuring a system of checks and balances that prevents any single branch from becoming too powerful.

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The 3 Branches of Government and Their Functions

The three branches of government – legislative, executive, and judicial – are at the heart of modern democratic systems.

They were designed to prevent the concentration of power in any one branch and ensure that no single person or group could wield too much influence over the affairs of the state.

The separation of powers is a fundamental principle of democracy, and the three branches of government play a critical role in upholding it. In this article, we will explore the functions and responsibilities of each branch, as well as the checks and balances that keep them in check.

3 Branches of Government

1. legislative branch.

The legislative branch, also known as Congress, is responsible for making laws. It is composed of two chambers – the House of Representatives and the Senate – and is responsible for representing the people of the United States.

The House of Representatives has 435 members, each representing a district in their respective state. The number of representatives from each state is determined by its population. The Senate, on the other hand, has 100 members, with each state being represented by two senators.

Also Read: Congress Facts

The legislative branch has the power to introduce and pass bills, which then become law after they are signed by the president. It is also responsible for overseeing the budget and taxation, as well as declaring war and regulating commerce.

Examples of legislative branch actions include passing the Affordable Care Act (Obamacare), passing the Civil Rights Act, and impeaching a president. The legislative branch is an important part of the checks and balances system, as it has the power to override a presidential veto with a two-thirds vote in both chambers.

2. Executive Branch

The executive branch is responsible for enforcing the laws passed by Congress. It is composed of the president, vice president, and the various departments and agencies that make up the federal government.

The president is the head of the executive branch and is responsible for appointing cabinet members and other officials to oversee the various departments and agencies. The president also has the power to veto legislation passed by Congress and to negotiate treaties with foreign nations.

The executive branch is responsible for the day-to-day administration of the government and is responsible for implementing policies and programs that reflect the priorities of the president. It is also responsible for national security and defense.

Examples of executive branch actions include issuing executive orders, conducting foreign policy negotiations, and appointing Supreme Court justices. The executive branch also plays a critical role in the checks and balances system, as it has the power to veto legislation passed by Congress, but Congress can override a presidential veto with a two-thirds vote in both chambers.

3. Judicial Branch

The judicial branch is responsible for interpreting the laws and ensuring that they are applied fairly and consistently. It is composed of the Supreme Court, as well as the lower federal courts.

The Supreme Court is the highest court in the land and has the final say on issues related to the constitutionality of laws and the interpretation of federal law. The Supreme Court is made up of nine justices, who are appointed by the president and confirmed by the Senate.

The lower federal courts are responsible for hearing cases that fall under federal jurisdiction, such as cases involving federal laws or disputes between states.

The judicial branch is responsible for upholding the rule of law and ensuring that the other branches of government act within the limits of the Constitution. It is also responsible for protecting individual rights and liberties.

Examples of judicial branch actions include interpreting the Constitution and striking down laws that violate it, as well as interpreting federal law and issuing rulings in cases involving civil rights and liberties.

The judicial branch also plays an important role in the checks and balances system, as it has the power to declare laws unconstitutional and to interpret the Constitution and federal law.

System of Checks and Balances in Government

The concept of checks and balances is an integral part of the United States’ democratic system. The three branches of government are designed to check and balance each other to prevent any one branch from gaining too much power .

For example, the legislative branch has the power to make laws, but the executive branch can veto those laws. However, the legislative branch can override a presidential veto with a two-thirds vote in both chambers.

Similarly, the judicial branch can strike down laws that it deems unconstitutional, but the legislative branch has the power to amend the Constitution.

Another example of checks and balances is the confirmation process for Supreme Court justices. The president nominates a candidate, but the Senate must confirm the nomination, ensuring that the president cannot unilaterally appoint someone to the highest court in the land.

These checks and balances are essential for preserving democracy and ensuring that no one branch of government can become too powerful. They also help to promote compromise and cooperation between the branches of government, as each branch must work with the others to achieve its goals.

In conclusion, the three branches of government – legislative, executive, and judicial – are critical components of the United States’ democratic system. The separation of powers and the system of checks and balances are designed to prevent any one branch from becoming too powerful and to ensure that the government works in the best interests of the people.

The legislative branch is responsible for making laws, the executive branch for enforcing them, and the judicial branch for interpreting them. Each branch has specific powers and responsibilities, but they also work together to ensure that the government is effective and accountable.

By understanding the functions and responsibilities of each branch, as well as the checks and balances that keep them in check, citizens can play an active role in preserving democracy and holding their government accountable. The three branches of government are a cornerstone of the United States’ political system, and their importance cannot be overstated.

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Published on Mon, May 17, 2021 9:00AM PDT | Updated Tue, August 8, 2023 11:23AM PDT

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The US is a constitutional republic and representative democracy. Our Government is regulated by a system of checks and balances defined by the US Constitution, which serves as the country’s supreme legal document. In the US, citizens are usually subject to three levels of government: federal, state, and local. The original text of the Constitution establishes the structure and responsibilities of the federal government and its relationship with the individual states. The Constitution has been amended 27 times, including the first 10 amendments, the Bill of Rights, which forms the central basis of Americans’ individual rights.

Federal government structure

The Constitution divides the federal government into three branches to ensure a central government in which no individual or group gains too much control:

• Legislative – Makes laws (Congress)
• Executive – Carries out laws (President, Vice President, Cabinet)
• Judicial – Evaluates laws (Supreme Court and other courts)

Each branch of government can change acts of the other branches as follows:

• The president can veto legislative bills passed by Congress before they become law (subject to Congressional override).
• Congress confirms or rejects the president’s appointments and can remove the president from office in exceptional circumstances.
• The justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the president and confirmed by the Senate.

Legislative

The legislative branch enacts legislation, confirms or rejects presidential appointments, and has the authority to declare war. This branch comprises Congress (the Senate and House of Representatives) and several agencies that provide support services to Congress.

The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, 15 executive departments, independent agencies, and other boards, commissions, and committees.

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. The judicial branch comprises the Supreme Court and other federal courts.

THE UNITED STATES GOVERNMENT

THE CONSTITUTION

SIGNIFICANT REPORTING ENTITIES (15)

OTHER SIGNIFICANT REPORTING ENTITIES

IN CONSERVATORSHIP

Fannie Mae              Freddie Mac

For a discussion of each of the federal government departments and offices, please see The United States Government Manual at https://www.govinfo.gov/app/collection/GOVMAN .

State government structure 1

Under the Tenth Amendment to the US Constitution, all powers not granted to the federal government are reserved to the states and the people. All state governments are modeled after the federal government and consist of three branches: executive, legislative, and judicial. The US Constitution mandates that states uphold a “republican form” of government, although the three-branch structure is not required.

All 50 states have legislatures made up of elected representatives, who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The legislature also approves a state’s budget and initiates tax legislation and articles of impeachment. The latter is part of a system of checks and balances among the three branches of government that mirrors the federal system and prevents any branch from abusing its power.

Every state except one has a bicameral legislature made up of two chambers: a smaller upper house and a larger lower house. Together the two chambers make state laws and fulfill other governing responsibilities. The smaller upper chamber is always called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is most often called the House of Representatives, but some states call it the Assembly or the House of Delegates. Its members usually serve shorter terms, often two years. Nebraska is the lone state that has just one chamber in its legislature.

In every state, the executive branch is headed by a governor who is directly elected by the people. In most states, other leaders in the executive branch are also directly elected, including the lieutenant governor, the attorney general, the secretary of state, and auditors and commissioners. States reserve the right to organize in any way, so they often vary greatly with regard to executive structure. No two state executive organizations are identical.

Most states have a supreme court that hears appeals from lower-level state courts. Court structures and judicial appointments/elections are determined either by legislation or by the state constitution. The state supreme court usually focuses on correcting errors made in lower courts and therefore holds no trials. Rulings made in state supreme courts are normally binding; however, when questions are raised regarding consistency with the US Constitution, matters may be appealed directly to the United States Supreme Court.

STATE GOVERNMENTS (50)

Local government structure 2

A government is an organized entity that, in addition to having governmental character, has sufficient discretion in the management of its own affairs to distinguish it as separate from the administrative structure of any other governmental unit.

To be counted as a government, any entity must possess all three of the following attributes:

• Existence as an organized entity – the presence of some form of organization and the possession of some corporate powers, such as perpetual succession, the right to sue and be sued, have a name, make contracts, acquire and dispose of property, and the like.
• Governmental character – In essence, an organization can only be considered to be a government if it provides services, wields authority, or bears accountability that is of a public nature.
• Substantial autonomy – This requirement is met when, subject to statutory limitations and any supervision of local governments by the state, an entity has considerable fiscal and administrative independence.

LOCAL GOVERNMENTS (90,075)

Insular area government structure

The US has many insular areas, or jurisdictions that are neither a state nor a federal district, including any commonwealth, freely associated state, possession, or territory. Five of the insular areas – Puerto Rico, Guam, Northern Mariana Islands, US Virgin Islands, and American Samoa – are self-governing, each with a non-voting member of the House of Representatives and permanent populations. The remaining areas are small islands, atolls, and reefs in the Pacific Ocean and Caribbean Sea. US possession of certain of these areas is disputed by other countries. The population of these areas are excluded from our reported population figures. However, these individuals may contribute to the revenues, expenditures, and other figures included in this report.

American Indian tribal government structure

Our Government officially recognizes 574 Indian tribes in the contiguous 48 states and Alaska. The US observes tribal sovereignty of the American Indian nations to a limited degree, as it does with the states’ sovereignty. American Indians are US citizens and tribal lands are subject to the jurisdiction of the US Congress and the federal courts. Like the states, the tribal governments have a great deal of autonomy with respect to their members, including the power to tax, govern, and try them in court, but also like the states, tribes are not allowed to make war, engage in their own foreign relations, or print and issue currency.

Continue exploring

Item 1 - purpose and function of our government - general, government operations, explore the 2021 government 10-k, introduction, about this report, item 1a. risk factors, item 2. properties, item 3. legal proceedings, item 6. selected financial data, item 7. management’s discussion and analysis of financial condition and results of operations, item 7a. quantitative and qualitative disclosures about market risk, item 8. financial statements and supplementary data, item 9a. controls and procedures, item 10. executive officers and governance, item 11. executive officer compensation, item 13. certain relationships and related transactions, and director independence, item 15. exhibits, sign up for the newsletter.

Home — Essay Samples — Government & Politics — American Government — 3 Branches of Government

3 Branches of Government

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Published: Jan 30, 2024

Words: 432 | Page: 1 | 3 min read

Table of contents

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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Branches of the U.S. government

Learn about the executive, legislative, and judicial branches of the U.S. government.

The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This ensures that no individual or group will have too much power.

Legislative branch

This branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress.

The legislative branch’s roles include:

• Drafting proposed laws
• Confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court
• Having the authority to declare war

Executive branch

The executive branch’s key roles include:

• President - The president is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces. 
• Vice president - The vice president supports the president. If the president is unable to serve, the vice president becomes president. The vice president also presides over the U.S. Senate and breaks ties in Senate votes.
• The Cabinet - Cabinet members serve as advisors to the president. They include the vice president, heads of executive departments, and other high-ranking government officials. Cabinet members are nominated by the president and must be approved by the Senate.

The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.

Judicial branch

The judicial branch includes the Supreme Court and other federal courts.

It evaluates laws by:

• Interpreting the meaning of laws
• Applying laws to individual cases
• Deciding if laws violate the Constitution

How each branch of government provides checks and balances

The ability of each branch to respond to the actions of the other branches is the system of checks and balances .

Each branch of government can change acts of the other branches:

• The president can veto legislation created by Congress. He or she also nominates heads of federal agencies and high court appointees.
• Congress confirms or rejects the president's nominees. It can also remove the president from office in exceptional circumstances.
• The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.

LAST UPDATED: December 6, 2023

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What Are the Three Branches of U.S. Government and How Do They Work Together?

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If you're a person who isn't a hardcore political junkie, you may find yourself bewildered by how the three main parts of the U.S. government continually seem to be butting heads instead of working together on solutions to the nation's problems. But, as we'll see, the government was structured in three parts for a reason. The three branches are:

• The executive branch , which includes the president and the agencies he controls;
• The legislative branch , consisting of the two houses of Congress, which are the House of Representatives and the Senate; and
• The judicial branch , which includes the Supreme Court and all the nation's federal and state courts.

In the abstract, here's how the system sort of works. The president might press Congress to pass legislation on some issue that he made a campaign promise to enact. After lots of arguing and finagling, legislators pass a bill, which sometimes turns out to be very different from what the president asked for. If he doesn't veto the bill, he may issue a signing statement that spells out how the federal agencies he controls are going to enforce the law in a different way than Congress intended. Then, the executive branch draws up regulations for how to enforce the law and it takes effect. Congressional committees may hold hearings to scrutinize what the executive branch is doing.

And to top it all off, the U.S. Supreme Court might step in and smack down both the president and Congress, by ruling that some part of the law is unconstitutional, forcing them essentially to start over.

Crazy as it seems, that's how the nation's founders actually intended the system to work, because they didn't want any one part of the government to have too much power. To that end, they filled the U.S. Constitution with checks and balances that each branch could impose upon the others. The idea was that those three branches eventually would hammer out compromises that everybody could live with.

Where the Founders Got the Idea

How the three branch system evolved, how the three branches push back against one another, why it doesn't work as well as it should.

The idea of the three branches of the U.S. government isn't a totally American one. "The idea of separate branches and mixed government went all the way back to antiquity and Aristotle's " Politics ," something the framers were well aware of," Nicholas Mosvick explains via email. He's a senior fellow at the National Constitution Center , a museum and civil education organization in Philadelphia.

James Madison , the future president who was lead author of the U.S. Constitution, and the other founders also were influenced by John Locke , the late 17th-century British philosopher.

But the most prominent influence may have been French philosopher Baron de Montesquieu , author of the 1748 treatise " The Spirit of the Laws ," who described what should distinguish Republican self-government from monarchies and despotic countries. The republican government, he believed, needed to have separate and independent executive, legislative and judicial branches, in order to prevent one another from abusing their various powers.

The system devised by the founders, which is described in Articles I , II , and III of the U.S. Constitution, wasn't quite as cut-and-dried as Montesquieu's, Mosvick says. Instead, they allowed some overlap.

"The easiest examples are in the Senate and Article II," says Mosvick. "The Senate clearly holds executive functions, as they perform a role in advice and consent for treaties, the appointment of judges and executive officers. The president holds a veto power, which gives him a role in legislation, and he has the power to give advice to Congress, typically in the form of a State of the Union and recommendations on legislation."

To make things more complicated, some of the president's powers aren't precisely spelled out in the Constitution, Mosvick explains. "Neither executive orders nor signing statements come from the Constitution's text. Executive orders were a power derived from the implied 'executive power,' 'commander in chief,' and 'faithfully execute' language of Article II, along with the power to command the opinions of executive officers, which led Washington to create the cabinet."

"Signing statements are of significant constitutional debate," Mosvick continues. "Many scholars do not believe that they are constitutional precisely because they violate the separation of powers in that they take on the legislative power by determining the letter of the law when 'faithful execution' merely means to follow the law according to Congress."

The concept of how the three branches work together — or against each other — also has evolved over the centuries.

"The most significant change to separation of powers is likely the rise of the administrative state since the New Deal and the 1930s," Mosvick says. "The Supreme Court was heavily involved in the 1930s in determining the boundaries of what we call delegation — the granting of one branch's powers to an independent body or as part of the executive branch. Some delegations were initially struck down under the non-delegation doctrine. Scholars debate whether or not the non-delegation doctrine flows from the understanding of the founders, but the idea is simply that Congress cannot delegate its core power from the vesting clause — to make all laws — to another body, any more than it can grant non-Article III courts Article III powers or jurisdiction."

"This too is where recent questions about removal of directors of administrative agencies by the president comes from — it too is a separation of powers question, but one that flows from modern innovations that the founders could not entirely envision."

Bruce Peabody is professor of government and politics at Fairleigh Dickinson University and author of " Where Have All the Heroes Gone? The Changing Nature of American Valor ," as well as a 2019 article in The Conversation on the separation-of-powers concept. He explains in an email that the checks and balances baked into the three-branch system have prevented abuses of power in the past.

"One of the classic examples is the push and pull associated with the congressional investigation into the Nixon campaign's trespass and bugging of the Watergate building and the Democratic National Committee's headquarters," he says.

"Congress rightfully investigated, the president pushed back, claiming that the White House recordings which implicated the president were covered under the legal protection of 'executive privilege,' and the Supreme Court helped navigate the dispute, ultimately ruling that the president did have the unwritten constitutional power of the executive privilege, but noting that it was not an unlimited power – and setting out some of the rules for its use.

"In the process of this dramatic example of checks and balances, each branch arguably served its own political and institutional interests as well as the nation's," he says.

But the three-branch system isn't some sort of government machine that can run on autopilot. In order for the democracy to work, the people in the three branches need to have personal qualities that go beyond the architecture of the system, Peabody and other scholars say. In recent years, we've seen the system become less effective in working out conflicts and taking effective action. The increasingly acrimonious stalemate over the nation's immigration policy is a prime example.

"I would probably attribute our logjam and chronic inaction most directly to hyperactive partisanship. But, yes, this development is tied up with a decline in our belief in republican virtue, a somewhat old-fashioned idea that our leaders should be expected to act for the public good, not just personal interest, and that they should achieve honor while serving in government," Peabody says. He cites the example of George Washington, who agreed to serve as president of both the constitutional convention and as the first U.S. president out of a sense of duty, even though he was eager to return to his slave-supported estate in Mount Vernon.

Peabody cites the work of scholars Steven Levitsky and Daniel Ziblatt , whom he says have identified basic norms that are necessary for enabling our government to function. One of their key principles, Peabody explains is "mutual toleration" — the idea of accepting your political opponents as legitimate, even if you vehemently disagree with them. Another important ingredient is "forbearance," which basically means that you self-impose limits on how far you'll go in using your powers of government to advance your interests and those of the political party to which you belong.

Nevertheless, America's three-branch system also is highly susceptible to developing imbalances, in part because the founders chose to create a strong chief executive. That leader has broad authority and can't easily be removed from power before his certain number of years are up. (In the U.K., by contrast, political conflict can lead to Parliament calling an early election that can lead to the prime minister being kicked out of power.)

To exacerbate the problem, over the years we've seen a gradual expansion of presidential power. Peabody says that the U.S. government has become increasingly president-centric for a variety of reasons, from changes in our media environment and political campaigns that focus on candidates rather than ideas, to the growth of what's sometimes called the administrative state — the vast, permanent bureaucracy of executive branch agencies.

"This, combined with both parties' post-FDR success in placing their candidates in the White House (and the close competitiveness of many presidential races) have made both Democrats and Republicans complicit in increasing executive power," Peabody says. Both the Trump and Obama administrations, he says, "illustrate that we look to our chief executive to solve problems and wield authority when Congress isn't able to cooperate, lead or assert itself."

After years of infighting in Congress over immigration, for example, President Obama in 2014 decided to issue an executive order deferring the deportation of "dreamers," the children who entered the U.S. illegally with their parents and grew up here, as this National Public Radio story details. The constitutionality of that action was upheld in a narrow 5-4 decision by the U.S. Supreme Court in June 2020. (That ruling is compelling the Trump administration, which had wanted the courts to overturn Obama's Deferred Action for Childhood [DACA] program, to decide whether or not to take the politically unpopular step of dismantling it through a similar executive order.)

But even so, the three-branch system has an amazing amount of resilience. As Peabody notes, the Constitution still enables Congress and the courts to push back against presidential power.

"Despite having a majority of Republican appointees, the justices of the Supreme Court and lower federal courts have provided some checks to presidential overreach," Peabody says. Additionally, "Congress retains the so-called power of the purse, which it can exercise to re-direct national priorities."

Current Speaker of the House Nancy Pelosi has fought to protect Congress's power in the system, by arguing that the Constitution is focused on the procedures and authority of the legislative branch.

"While extremely difficult in our hyper-partisan era, one could at least imagine a nimble Speaker asserting him or herself against an overstepping president and consistently making the case for what political value an engaged Congress provides," Peabody says.

HowStuffWorks may earn a small commission from affiliate links in this article.

In this 2017 Politico essay, former Congress member Mickey Edwards (R-Okla.) argues that we no longer actually have three branches of government, because Congress members increasingly see themselves as not as a separate branch, "but as arms of their respective political parties."

Three Branches of Government FAQ

Why are there three branches of u.s. government, what are the functions of the branches, what are the powers of the executive branch, what makes up the legislative branch, which of the three branches of government is most powerful.

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The Most Powerful Branch of the US Government Essay

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

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1. 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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The Three Branches of US 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

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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

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

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

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

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

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

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

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Lesson Plan: Policymaking and the Three Branches of Government

Policymaking by the Three Branches

At the confirmation of Judge Brett Kavanaugh, Sen. Ben Sasse (R-NE) discussed how the Constitution structured the three branches of government and how Congress has delegated policymaking responsibilities to the executive and judicial branches.

Description

The Constitution divides power amongst the three branches of government. This lesson looks at ways that each branch influences and creates public policy through legislation, executive orders, bureaucratic rulemaking and judicial interpretation. Students will view videos explaining these policymaking processes and determine the benefits and drawbacks of each.

Before beginning class, have the students answer the following questions as a warm-up.

What are the three branches of government and what are their primary functions?

• What is the process for making laws?

INTRODUCTION:

Review the answers with the students and ensure that they have a working understanding of the three branches of government, their functions and the lawmaking process.

As an introduction, have the students define the following terms in their own words.

• Bureaucracy
• Executive Order

EXPLORATION:

Have the students view the following video clips and complete the chart linked below. Students can also answer the questions associated with each video clip to guide their viewing.

HANDOUT: Policymaking and the Branches of Government (Google Doc)

For each branch of government, students should take notes on:

Ways of Developing Policy

Reasons for/Benefits of this Branch Creating Policy

• Obstacles and Drawbacks for this Branch Creating Policy

Video Clip 1: Policymaking by the Three Branches- Sen. Ben Sasse (R-NE) (6:35)

How does the legislative branch create public policy?

What does Sen. Sasse mean when he says that the "legislature is supposed to be controversial, noisy and sometimes rowdy?" How does this benefit the policymaking process?

How does the policymaking in Congress give the people more say in the process?

How do the laws that Congress writes allow for agencies and the bureaucracy to create and influence policy?

What are the reasons for Congress creating these vague laws?

• Based on Sen. Sasse's description, how does the Supreme Court influence public policy?

Video Clip 2: The Use of Executive Orders and Regulation to Enact Policy (2:54)

How has the way that we enact policy changed over the last 20 years?

According to Mr. Gibson, why is effecting change through debate and legislation preferred?

What are the consequences of effecting change through executive orders and regulations? What problems does this cause?

• How does the process of making laws bring us together as a country?

Video Clip 3: Rulemaking by Administrative Agencies (2:31)

What reasons are given for administrative agencies developing rules?

• According to Mr. Wallison, what are the dangers of using administrative agencies to enact policy?

Video Clip 4: Justice Breyer on Courts Creating Law (2:59)

What is the role of the Supreme Court?

How does Justice Breyer's story exemplify the role of a judge?

• How is the act of a judge creating a new legal interpretation similar to making law or public policy? How is it different from making law or public policy?

APPLICATION:

Based on the notes from the video clips, address the following question either through a written response or another activity found on C-SPAN's Classroom Deliberation site .

• Is the current system of policymaking by the three branches of government an effective way of creating policy?

CONCLUSION:

As an exit slip, have the students respond to the following questions in 1-3 sentences.

• How is public policymaking a responsibility shared by all three branches of government?

EXTENSION/ALTERNATIVE ACTIVITIES:

Policymaking Memes- Develop a meme that reflects one of the branches' ability to influence public policy. Be prepared to explain how your meme relates to that branches' policymaking ability.

Public Policymaking Flowchart- Create a flowchart that illustrates the different ways that each branch influences and creates public policy. Include graphics or pictures that represent each branch and the actions that they can take.

ADDITIONAL PROMPTS:

Does the current system of policymaking by the three branches of government align with the separation of powers established by the Constitution?

What are the consequences of the current ways that the branches of government share policymaking authorities?

Which branch of government has the most influence on public policymaking?

To what extent is the will of the people reflected in the public policymaking process?

• Based on Senator Sasse's statement, what actions can the legislative branch take to reclaim policymaking authorities?

Additional Resources

• Lesson Plan: The Role of Bureaucracy in Policy-Making
• Lesson Plan: Examples of Regulatory Agencies
• Bell Ringer: The Expansion of Presidential Power
• Bell Ringer: The Legitimacy of the Supreme Court
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• Article One
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The first amendment, unit 6: the three branches of government, constitution 101 with khan academy.

Watch videos about the three branches of the national government—the legislative, executive, and judicial branches—and learn about each branch’s founding story, landmark Supreme Court decisions shaping the powers and responsibilities of each branch, and constitutional debates over each branch that remain ongoing today.

Videos in Playlist: 35

Scroll down to see all the videos.

To toggle between the different videos in the playlist, click on the icon in the upper right corner of the video.

Videos in Unit 6 Playlist

• Why is it valuable for cases to work their way up the court system? (Run time: 2:28 minutes)  
• What is it like to be a judge? (Run time: 2:33 minutes)  
• How has the Electoral College changed over time? (Run time: 2:18 minutes)  
• Why did the founders create the Electoral College? (Run time: 2:23 minutes)  
• Why did the founders think that judicial independence was important? (Run time: 1:43 minutes)  
• How does a case work its way through the federal court system? (Run time: 1:46 minutes)  
• What was the founders’ vision for Congress? (Run time: 5:22 minutes)  
• What can we learn from the election of 1800? (Run time: 7:59 minutes)  
• What were the founders' different visions for the presidency? (Run time: 3:23 minutes)  
• How does the Electoral College work? (Run time: 1:04 minutes)  
• What is the War Powers Resolution? (Run time: 3:29 minutes)  
• What are some of the constitutional debates over the use of military force? (Run time: 3:03 minutes)  
• What are some of the key constitutional debates over the administrative state? (Run time: 2:42 minutes)  
• How has the president’s power grown over time? (Run time: 3:32 minutes)  
• How does the impeachment process work? (Run time: 1:54 minutes)  
• How did George Washington shape the presidency? (Run time: 3:10 minutes)  
• What is the filibuster? (Run time: 5:42 minutes)  
• What is Congress’s role in American democracy? (Run time: 1:28 minutes)
• When can the president use executive orders? (Run time: 1:52 minutes)  
• What is the “administrative state?” (Run time: 1:33 minutes)  
• How does the modern president compare to the founders vision? (Run time: 2:27 minutes)  
• What does Article II say about the powers of the president? (Run time: 4:33 minutes)  
• Why does the Supreme Court choose to hear a case? (Run time: 1:48 minutes)  
• What is it like to argue before the Supreme Court? (Run time: 3:55 minutes)  
• Why was George Washington important to the founders’ vision of the presidency? (Run time: 2:26 minutes)  
• What are ‘faithless electors?’ (Run time: 1:27 minutes)  
• Why didn’t the founders choose to select the president through a national popular vote? (Run time: 3:45 minutes)  
• How do Supreme Court oral arguments work? (Run time: 1:35 minutes)  
• How does a case end up at the Supreme Court? (Run time: 2:58 minutes)  
• What was John Marshall's constitutional vision? (Run time: 5:44 minutes)  
• What was the founders’ vision for the Electoral College? (Run time: 2:08 minutes)  
• What happened in Korematsu v. United States ? (Run time: 4:57 minutes)  
• Where does the president get the power to issue executive orders? (Run time: 2:07 minutes)  
• What was Alexander Hamilton’s vision for the presidency? (Run time: 1:22 minutes)  
• What was the founders’ vision for the presidency? (Run time: 1:39 minutes)

Browse all the units on our Constitution 101 student course page or explore the full course on the Khan Academy website .

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Checks and Balances

By: History.com Editors

Updated: July 27, 2023 | Original: November 17, 2017

The system of checks and balances in government was developed to ensure that no one branch of government would become too powerful. The framers of the U.S. Constitution built a system that divides power between the three branches of the U.S. government—legislative, executive and judicial—and includes various limits and controls on the powers of each branch.

Separation of Powers

The idea that a just and fair government must divide power between various branches did not originate at the Constitutional Convention , but has deep philosophical and historical roots.

In his analysis of the government of Ancient Rome , the Greek statesman and historian Polybius identified it as a “mixed” regime with three branches: monarchy (the consul, or chief magistrate), aristocracy (the Senate) and democracy (the people). These concepts greatly influenced later ideas about separation of powers being crucial to a well-functioning government.

Centuries later, the Enlightenment philosopher Baron de Montesquieu wrote of despotism as the primary threat in any government. In his famous work “The Spirit of the Laws,” Montesquieu argued that the best way to prevent this was through a separation of powers, in which different bodies of government exercised legislative, executive and judicial power, with all these bodies subject to the rule of law.

The U.S. System of Checks and Balances

Building on the ideas of Polybius, Montesquieu, William Blackstone, John Locke  and other philosophers and political scientists over the centuries, the framers of the U.S. Constitution divided the powers and responsibilities of the new federal government among three branches: the legislative branch , the executive branch and the judicial branch .

In addition to this separation of powers, the framers built a system of checks and balances designed to guard against tyranny by ensuring that no branch would grab too much power.

“If men were angels, no government would be necessary,” James Madison  wrote in the Federalist Papers , of the necessity for 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.”

Checks and Balances Examples

Checks and balances operate throughout the U.S. government, as each branch exercises certain powers that can be checked by the powers given to the other two branches.

• 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.
• Veto power. 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. But an amendment must either be proposed by Congress with a two-thirds majority vote in both the  House of Representatives  and the  Senate , or by a constitutional convention called for by two-thirds of state legislatures. Either way, a proposed amendment only becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states (38 of 50 states).
• Congress (considered the branch of government closest to the people) can impeach both members of the executive and judicial branches.

Checks and Balances in Action

The system of checks and balances has been tested numerous times throughout the centuries since the Constitution was ratified.

In particular, the power of the executive branch has expanded greatly since the 19th Century, disrupting the initial balance intended by the framers. Presidential vetoes—and congressional overrides of those vetoes—tend to fuel controversy, as do congressional rejections of presidential appointments and judicial rulings against legislative or executive actions. 

Executive orders, official directives issued to federal agencies by the president, are powers afforded to the executive branch that do not require congressional approval. They are not directly provided for in the U.S. Constitution, but rather implied by Article II, which states that the president “shall take Care that the Laws be faithfully executed.” Executive orders can only push through policy changes; they cannot create new laws or appropriate funds from the United States treasury. 

Overall, the system of checks and balances has functioned as it was intended, ensuring that the three branches operate in balance with one another.

Roosevelt and the Supreme Court

The checks and balances system withstood one of its greatest challenges in 1937, thanks to an audacious attempt by Franklin D. Roosevelt to pack the Supreme Court with liberal justices. After winning reelection to his second term in office by a huge margin in 1936, FDR nonetheless faced the possibility that judicial review would undo many of his major policy achievements.

From 1935-36, a conservative majority on the Court struck down more significant acts of Congress than any other time in U.S. history, including a key piece of the National Recovery Administration, the centerpiece of FDR’s New Deal .

In February 1937, Roosevelt asked Congress to empower him to appoint an additional justice for any member of the Court over 70 years of age who did not retire, a move that could expand the Court to as many as 15 justices.

Roosevelt’s proposal provoked the greatest battle to date among the three branches of government, and a number of Supreme Court justices considered resigning en masse in protest if the plan went through.

In the end, Chief Justice Charles Evans Hughes wrote an influential open letter to the Senate against the proposal; in addition, one older justice resigned, allowing FDR to replace him and shift the balance on the Court. The nation had narrowly averted a constitutional crisis, with the system of checks and balances left shaken but intact.

This Is How FDR Tried to Pack the Supreme Court

When his New Deal legislation kept getting struck down, FDR proposed a law targeting justices over the age of 70.

War Powers Act

What Is the War Powers Act? The War Powers Act—officially called the War Powers Resolution—was enacted in November 1973 over an executive veto by President Richard M. Nixon. The law’s text frames it as a means of guaranteeing that “the collective judgment of both the Congress and the President will apply” whenever the American armed […]

All Amendments to the US Constitution

Since the Constitution was ratified in 1789, hundreds of thousands of bills have been introduced attempting to amend the nation's founding document. But only 27 amendments to the U.S. Constitution have been ratified.

The War Powers Act and Presidential Veto

The United States Congress passed the War Powers Act on November 7, 1973, overriding an earlier veto by President Richard M. Nixon , who called it an “unconstitutional and dangerous” check on his duties as commander-in-chief of the military. 

The act was created in the wake of the Korean War and during the Vietnam War and stipulates that the president has to consult Congress when deploying American troops. If after 60 days the legislature does not authorize the use of U.S. forces or provide a declaration of war, soldiers must be sent home.

The War Powers Act was put forth by the legislature to check the mounting war powers exercised by the White House. After all, President Harry S. Truman had committed U.S. troops to the Korean War as part of a United Nations “police action.” Presidents Kennedy , Johnson and Nixon each escalated the undeclared conflict during the Vietnam War .

Controversy over the War Powers Act continued after its passage. President Ronald Reagan deployed military personnel to El Salvador in 1981 without consulting or submitting a report to Congress. President Bill Clinton continued a bombing campaign in Kosovo beyond the 60-day time in 1999. And in 2011, President Barack Obama initiated a military action in Libya without congressional authorization. In 1995, the U.S. House of Representatives voted on an amendment that would have repealed many of the Act’s components. It was narrowly defeated.

State of Emergency

The first state of emergency was declared by President Harry Truman on December 16, 1950 during the Korean War. Congress did not pass The National Emergencies Act until 1976, formally granting congress checks on the power of the president to declare National Emergencies. Created in the wake of the Watergate scandal , the National Emergencies Act included several limits on presidential power, including having states of emergency lapse after a year unless they are renewed.

Presidents have declared almost 60 national emergencies since 1976, and can claim emergency powers over everything from land use and the military to public health. They can only be stopped if both houses of the U.S. government vote to veto it or if the matter is brought to the courts.

HISTORY Vault: The American Revolution

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Checks and Balances, The Oxford Guide to the United States Government . Baron de Montesquieu, Stanford Encyclopedia of Philosophy . FDR’s Losing Battle to Pack the Supreme Court, NPR.org . State of Emergency, New York Times , Pacific Standard , CNN . 

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