The Three Branches of Government

The delegates to the Constitutional Convention faced a difficult challenge. They wanted to ensure a strong, cohesive central government, yet they also wanted to ensure that no individual or small group in the government would become too powerful. Because of the colonies’ experience under the British monarchy, the delegates wanted to avoid giving any one person or group absolute control in government. Under the Articles of Confederation, the government had lacked centralization, and the delegates didn’t want to have that problem again. To solve these problems, the delegates to the Constitutional Convention created a government with three separate branches, each with its own distinct powers. This system would establish a strong central government, while insuring a balance of power.

Governmental power and functions in the United States rest in three branches of government: the legislative, judicial, and executive. Article 1 of the Constitution defines the legislative branch and vests power to legislate in the Congress of the United States. The executive powers of the President are defined in Article 2. Article 3 places judicial power in the hands of one Supreme Court and inferior courts as Congress sees necessary to establish.

In this system of a "separation of powers" each branch operates independently of the others. However, there are built in "checks and balances" to prevent concentration of power in any one branch and to protect the rights and liberties of citizens. For example, the President can veto bills approved by Congress and the President nominates individuals to serve in the Federal judiciary; the Supreme Court can declare a law enacted by Congress or an action by the President unconstitutional; and Congress can impeach the President and Federal court justices and judges.

The Legislative Branch

The legislative branch of government has the authority to make laws for the nation. It was established in Article I of the Constitution with the creation of Congress. Agencies such as the Government Printing Office, Library of Congress, Congressional Budget Office, and the General Accounting Office, that provide support services for the Congress are also part of the legislative branch.

Congress is bicameral, that is, it is made up of two chambers, the Senate and the House of Representatives.

Now members of Congress are elected by a direct vote of the people of the state they represent. It has not always been this way for the Senate. Prior to 1913 and the 17th Amendment to the Constitution, Senators were chosen by their state legislatures. The Senate was viewed as representative of state governments, not of the people. It was the responsibility of Senators to ensure that their state was treated equally in legislation.



The Executive Branch

When the delegates to the Constitutional Convention created the executive branch of government, they gave the president a limited term of office to lead the government. This was very different from any form of government in Europe and caused much debate. The delegates were afraid of what too much power in the hands of one person might lead to. In the end, with a system of checks and balances included in the Constitution, a single president to manage the executive branch of government was adopted.

The executive branch of Government enforces the laws of the land. When George Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The President receives this help from the Vice President, department heads (Cabinet members), heads of independent agencies, and executive agencies. Unlike the powers of the President, their responsibilities are not defined in the Constitution but each has special powers and functions.

• President: Leader of the country and Commander in Chief of the military.
  
• Vice President: President of the Senate and becomes President if the President is unable to serve.
  
• Departments: Department heads advise the President on policy issues and help execute those policies.
  
• Executive Agencies: Makes regulations to help implement laws.
  
• Independent Agencies: Help carry out policy or provide special services.
  
  
  
  

The Judicial Branch

The judicial branch of government (sometimes referred to as the “third branch” of government) is established in Article III of the Constitution with the creation of the Supreme Court. This court is the highest court in the country and is empowered with the judicial powers of the government. There are lower Federal courts but they were not created by the Constitution. Rather, Congress deemed them necessary and established them using power granted from the Constitution. Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution. A court's authority to decide constitutionality is called judicial review.