The 3 Branches of the U.S. Government
Breaking Down the Separation of Powers and Exploring How the Legislative, Executive, and Judicial Branches Keep America Running
The U.S. government is divided into three branches: Legislative, Executive, and Judicial. This system, called separation of powers (a way of dividing government duties), is meant to stop one branch from becoming too powerful. Each branch has a specific job but work together through checks and balances (rules to make sure no one branch can act alone to keep everything fair).
Let's break down each branch! (Audio version of article available here)
The Legislative Branch: Makes the Laws
Who’s in it?
Congress, which is made up of the:
House of Representatives (435 members elected to serve for 2 years).
Senate (100 members elected to serve for 6 years).
What does the Legislative Branch do?
Writes and passes laws: The Legislative Branch create the rules, called laws, that everyone in the country must follow. Members of Congress debate and vote on these laws to make sure they are fair and helpful. Once both parts of Congress (the House of Representatives and the Senate) agree, the law is sent to the President to approve or veto (reject).
Approves budgets: Congress decides how much money the government will spend each year and what it will be used for, like schools, roads, and the military. They make a budget, which is a plan for spending money, and vote to approve it. This is meant to make sure that public money is spent wisely and fairly.
Declares war: Only Congress has the power to officially declare war against another country. This means they decide when the U.S. military should be involved in a conflict. Declaring war is a serious decision, so Congress discusses it carefully before voting.
Approves the President’s choices for certain jobs: When the President wants to appoint someone to an important job, like a Supreme Court Justice or a Cabinet member, Congress gets to approve or reject that choice. The Senate, part of Congress, holds hearings to learn more about the person before voting. This process ensures that the people in these roles are qualified and fair, and is called a confirmation process.
What the Legislative Branch cannot do:
Enforce, or carry out laws
Decide if laws follow the Constitution (the highest law of the U.S.)
Change the Constitution without approval from the states
Control local laws
The Executive Branch: Enforces the Laws
Who’s in it?
The President, Vice President
The Office of the White House
The 15 Cabinet Departments, such as Department of Education and Department of Justice
Federal agencies like the FBI, NASA and CIA
Regulatory Commissions (set rules industry’s must follow) like the SEC
What does the Executive Branch do?
Makes sure laws are enforced (carried out): The Executive Branch ensures that the laws passed by Congress are followed across the country. Federal agencies like the FBI or the Department of Education help enforce specific laws, from catching criminals to overseeing school policies.
Leads the Armed Forces: The President is the Commander-in-Chief of the military, meaning they are in charge of the Army, Navy, Air Force, Marines, and Space Force. This includes making decisions about how the military is used to protect the country and respond to threats. However, the Executive branch cannot declare war.
Negotiates treaties (formal agreements with other countries): The President works with leaders from other countries to create agreements on issues like trade, peace, and climate change. These treaties often need to be approved by the Senate before they can go into effect.
Appoints (chooses) people to federal roles: The President selects people for key positions, such as Supreme Court justices, ambassadors to other countries, and heads of federal departments. These appointments must usually be approved by the Senate to make sure the person is qualified for the role.
What the Executive Branch cannot do:
Write laws.
Decide if laws follow the Constitution.
Officially declare war (only Congress can do that).
The Judicial Branch: Interprets the Laws
Who’s in it?
The Supreme Court (9 judges called Justices)
The Court of Appeals (review decisions from districts courts)
District Courts (trial courts)
What does the Judicial Branch do?
Decides if laws or actions go against the Constitution: The Judicial Branch checks if laws made by Congress or actions taken by the President go against the U.S. Constitution, which is the supreme law of the land. If a law doesn’t follow the Constitution, the courts can declare it unconstitutional and make it invalid.
Handles disagreements between states or branches: The courts help resolve problems between states, like disputes over land or resources. They also handle disagreements between the different branches of government when they don’t agree on how to interpret the law or the Constitution.
Reviews decisions from lower courts: If someone disagrees with a decision made by a lower court, they can ask a higher court to review the case. Courts like the Court of Appeals and the Supreme Court look at the case again to make sure the law was applied correctly and that the person had a fair trial.
What the Judicial Branch cannot do:
Make laws or enforce them.
Start cases; it can only rule on cases brought to it.
By dividing power between the three branches, the government can prevent any one branch from becoming too powerful, helping to protect the rights and freedoms of all Americans and those living within the United States. Each branch has its own important role, and they work together to ensure that laws are fair and that the country is run smoothly.
Understanding how these branches work helps us understand how decisions are made in the United States!
Sources and Additional Reading