what are the three branches of government

what are the three branches of government

An In-Depth Analysis of the Three Branches of Government

1. Introduction to the Concept of Separation of Powers

None of the states at the time of the adoption of their individual constitutions adopted the absolute separation of powers but rather endeavored to achieve such separation by placing restrictions upon the officers of the respective branches. The object was thereby to create so subtle an interdependence of each department that each one of them is prevented from making any fundamental change without the concurrence of the others.

To avoid the dangerous concentration of power in the same branch of government, the federal constitution often expressly separates the three branches of government. In general, the legislative department makes the law, the executive administers the law, and the judiciary interprets and applies the law. In effecting this division, the drafters of the constitution were consistently influenced by their uniform adherence to the theory that political freedom without a separation of powers is absolutism, tyranny, despotism. If it appears under any other form of government, it will still be the modern expression of the old evil inherent in all forms of political power, producing the same disastrous consequences.

While most of the constitutions of the various states in America express the concept of “separation of powers,” or the doctrine of checks and balances, some of the states have expressly divided the three branches of government, while others have merely indicated that the powers of the government shall be divided into three separate departments: the executive, the legislative, and the judiciary. Indeed, in one of the states, although a bill for apportioning powers among the three branches has on two occasions been recommended, failure to pass it has resulted in the establishment of a department termed the administrative. Containing the functions belonging to the executive, the administrative boards in that branch perform the functions of the courts.

Montesquieu wrote, “Political freedom is a tranquility of mind arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted as one man need not be afraid of another.”

2. The Legislative Branch: Responsibilities and Functions

In order to fulfill its legislative functions, Congress also engages in law-making. Congress is the source of criminal statutes and the main source of legislative changes in such statutes. Yet Congress cannot enforce the laws it creates, and its members are rarely involved in routine law enforcement activities. However, Congress has an important connection to law enforcement. The police and other law enforcement officials must ensure that the laws passed by the legislative branch are enforced in the criminal justice process.

The primary goal of the legislative branch of government is to create laws. To achieve this, Congress is given a wide range of powers under the Constitution. The enumerated powers, with a few exceptions, are found in Article 1, Section 8 of the Constitution. Congress is required to vote on, amend, and pass national laws amending previous statutes, which have important implications for criminal justice.

3. The Executive Branch: Powers and Limitations

The President also has an important role to play in executing Federal laws. In this respect, it is his duty to ensure that the laws enacted by Congress are obeyed by their administrative devices and that such laws are carried out by the federal administration. Federal laws permit the President to question federal legislation. In so doing, he is empowered to use special means to secure the satisfaction and well-being of whatever states are interested in a certain dispute or issue. The process of reaching particular settlements is known alternatively as government by decree or action by government.

The Executive Branch of government is headed by the President of the United States. The man holds his office for a term of four years, although this original term may, in certain circumstances, be extended to as long as ten years. The President exercises his powers in conjunction with an assortment of federal agencies and offices to administer the laws of the Nation. The President’s obligations include: enforcing Federal laws; enacting laws that have been passed by Congress; providing a secure environment for the United States; helping the country in the economy; performing the country’s diplomatic functions; acting as leader of the armed forces; and many unique tasks.

4. The Judicial Branch: Role in Upholding the Constitution

These courts have full power to decide whether a citizen can bring forth a complaint and whether an act of Congress or of the President is acceptable. If the laws go against the United States Constitution, judges are responsible for making sure these laws are thrown out. This concept of determining the constitutionality of our laws is referred to as judicial review. No other country gives this kind of power to one branch of government. The framers of the United States Constitution created such a strong judicial branch to help limit the power of the other two branches, the legislative and the executive. Throughout the history of the United States, the Supreme Court has been composed of different chief justices and different associate justices. At various times, the Supreme Court was led by such famous jurists as John Marshall, patron saint of U.S. law, and Earl Warren, lead judge during the famous federal segregation cases, including Brown v. Topeka Board of Education.

The third and final branch of the United States government is the judicial branch, which includes the United States Supreme Court and more than 200 other federal courts established by Congress. This judicial system was created at the birth of the United States as a way of enforcing the laws and Constitution of this country. Judges are either appointed by the president of the United States or elected by the people who live in federal judicial districts. These appointed positions are ones of great distinction, honor, and permanence. Some judges choose to hear certain cases, rather than decide cases based only on where they are located. These appointed judges hear cases that fall under their jurisdiction. Generally, they fall under the following topics: admiralty, bankruptcy, civil rights, class action, copyright and patent law, customs and trade, environmental matters, federalism, food and drugs, government contracts, or the interpretation of the United States Constitution.

5. Conclusion: Interplay and Checks and Balances Among the Branches

The three branches of government serve as the most conspicuous illustration of how the Constitution holds the government together through a system of nuances and interactions. Although the framers of the Constitution could have envisioned a government that showed a greater organization chart, they knew the dangers of concentrating power. Therefore, the Constitution provides for three branches of government, dividing the powers among them and keeping the number of men wielding power over each function at a minimum. The objective of the framers was not so much to make all the branches equal as it was to make certain that no one branch became so powerful as to be able to control all the others and thus at the same time dominate the government and destroy the liberty of the people.

The U.S. system of government is based upon an intricate network of checks and balances meant to prevent the dominance or self-aggrandizement of any single branch at the expense of the sovereignty of the people. The branches function because of their inter-relationship, and the system of checks and balances is as much about safeguarding the system and preserving the rule of law as it is about controlling the potential excesses of government. The judiciary’s activity is subject to the influences of public perception, politics, and legislative control. The Congress’ powers are likewise limited and relative, and the president’s authority must be exercised in accordance with the dictates of the other two branches, as well as with an eye to public opinion. The theme running through the Constitution is a realization that ultimate authority must rest somewhere. The key is whether one branch and its functionaries will be able to have the power and authority to determine how the Constitution is interpreted for the future.