branches of government

branches of government

The Role and Functions of the Three Branches of Government

1. Introduction to the Three Branches of Government

The power of local government is either granted to or given to it by the state government. This state government, in turn, derives its power directly from the people. City, town, county, and local governments, therefore, are also governments by the people. In most of these local or state governments, two branches are usually set up, making them similar to the federal system in order to make certain that not too much power is vested in any one part of the government and to give representatives of each branch a chance to effectively control the other branches. To do this, each branch must have different powers and responsibilities that the others cannot override. They also must be interdependent, that is, dependent on the other branches. Then in checking and balancing each other, they may work together for the public good.

The government is ultimately in the hands of the governed. They claim the right to decide on their type of government, determine the purposes that government will serve, and they are empowered to change the laws and institutions that have been set up. The people of the United States of America, through their Constitution, set up a federal system of government, sharing the powers of government between the national and state governments. Then the people established three branches to divide powers and duties among them. Each branch was given its own powers so that no one branch would exceed the limits given in the Constitution. These are the legislature, which makes laws, the executive, which enforces laws, and the judiciary, which interprets the laws.

2. Legislative Branch: Lawmaking and Representation

The main functions of the Congress are: (1) to make laws; (2) to pay the debts and provide for the common defense and general welfare; (3) to regulate commerce with foreign and among the states; (4) to establish rules of immigration and naturalization; (5) to establish the federal judiciary; and (6) to declare war. These authorities and others are stated in Article I, Section 8 of the U.S. Constitution. The Congress also has responsibility for such areas as: (1) to raise and support armies and a navy; (2) to establish a postal system; and (3) to establish trademarks and currency. All laws start out as bills. These bills are voted on by the Congress. If the majority of both the House and the Senate approve it, and the President signs it, the bill becomes law.

The 200 U.S. senators and the 435 representatives of the U.S. House of Representatives comprise the U.S. Congress (the legislative branch). Congress is the law-making authority in the U.S. government. Here is a more specific look at its law-making authority.

3. Executive Branch: Administration and Enforcement of Laws

As chief executive, the President helps to make and administer the laws as well as determining national policies. He does this through the departments, agencies, and corporations that make up the executive branch of government. Administration and enforcement are terms often used to mean the same thing as execute. Administration refers to all the people who are in the executive branch. When they take care of the day-to-day jobs that help our government to run smoothly; when they fill out forms, provide public services, and keep records; when they do this, they are administering our laws. In other words, just as a principal and teachers and janitors make it possible for a school to carry out its purposes, so there are thousands of people in the executive branch who help our government to do what the Constitution says it should do. Most of these people are needed, of course, because only a few public officials can run such complex national activities as a post office, a navy, or a tax department. These many public officials are the civil servants. They are the government workers who keep their jobs from one administration to the next, and do their jobs on the basis of merit and not political reward.

4. Judicial Branch: Interpretation and Application of Laws

Over 200 years ago, the writers of the United States Constitution created the judicial branch of government to do just that. Unlike the President or members of Congress, federal judges are appointed for life. As a result, most judges are free from concerns regarding losing their job, thus safeguarding their ability to make decisions based on the law, as opposed to politics. The judicial branch of government has two parts – the federal courts and the state courts. The two trial courts, the workplace forums for federal employees, are part of the federal courts and were established by Congress. The federal courts are vested with the judicial power of determining federal constitutional issues, hearing felony cases, handling bankruptcy proceedings, and deciding claims against the United States.

The United States has a federal government and each of the 50 states has a state government. In the federal government, there are three “separate” branches of government – the Legislative Branch, the Executive Branch, and the Judicial Branch. “Separate” means that each branch has separate powers granted to it by the United States Constitution, and no branch should therefore have more power than any other. This concept is known as “separation of power.” The pages within this section explain the powers of and the functions performed by each of these branches of government.

5. Checks and Balances: Ensuring Accountability and Separation of Powers

Some of the checks and balances that our three branches have over each other include: 1) The President may veto bills that Congress has passed, but two-thirds of the members of Congress can override the veto. 2) The Senate can refuse to confirm a President’s appointees or ratify the treaty that a President has negotiated. 3) Congress has the ability to remove a President from office – as well as judges and other officials – through impeachment procedures.

Our founding fathers understood the potential dangers of concentrating power in any one branch of government. They created the system of “checks and balances” by assigning certain tasks to each of the three branches – executive, legislative, and judicial. They also made each of these branches accountable to the other two. Thus, all branches have the ability to “check” any actions by others and, thereby, silence any incipient instability that could result if power became too focused or absolute. While the framers of the Constitution did specify who held the responsibility for the numerous tasks that they envisioned, the guidelines they provided (e.g., varying and overlapping executive and legislative functions) have allowed our government to adapt to the needs of a continually changing society.