The 3 Branches of Government: Executive, Legislative, Judicial
- 0:06 Constitutional Convention
- 0:52 Three Branches of Government
- 2:03 The Legislative Branch
- 3:57 The Executive Branch
- 5:06 The Judicial Branch
- 6:52 Lesson Summary
In 1787, leaders from each of the states gathered to write the United States Constitution. The Constitution sets out how our nation is governed and creates a system that separates powers between different branches. This lesson explores the three branches of our federal government.
In 1787, 11 years after state representatives signed the Declaration of Independence, representatives once again met at the State House in Philadelphia. Fifty-five representatives met over the course of four months in order to draft our United States Constitution. The framers drafted the Constitution to purposely divide governing powers between several administrative branches. This way, no one branch holds too much power, and each branch holds checks and balances over the others. The framers instituted this system of government with hopes that it would last into 'remote futurity.' It worked, as we continue to use this system of government today.
Three Branches of Government
It's helpful to remember that many original colonists came from England during a time of tyranny and dictatorship in that country. In forming a new government, it was of primary importance to divide powers so that no person or group of people held the majority of authority. The state leaders sought to form a powerful, yet fair, federal government that protected individual liberties. This is accomplished through the system of checks and balances. This simply means that the governmental powers are divided between separate and independent structures. Each of these structures can check the work of the other structures. In doing so, the power is balanced between all of the structures. Through the first three Articles of the Constitution, the framers divided the new government into three parts. These three parts are known as the three branches of government. They are the legislative branch, the executive branch and the judicial branch. Each branch is independent from the others, but each holds a similar amount of authority.
The Legislative Branch
Article I of the United States Constitution created and empowered our legislative branch of government. The United States Congress leads the legislative branch. Congress includes both the House of Representatives and the Senate. Generally speaking, Congress makes our laws. Laws are discussed, drafted and enacted through Congress. Together, the two houses of Congress have various important powers. Congress passes legislation, approves treaties, originates spending bills, impeaches federal officials, approves presidential nominations and appointments to federal positions, regulates trade and money and declares war.
Our Congress is made up of delegates from each state. The U.S. Senate consists of two senators from each state. These senators serve six-year terms. The U.S. House of Representatives consists of 435 representatives. Each state has at least one representative. A state's population determines the number of representatives per state. For example, Delaware has one representative, while California has 53. Representatives are elected through public election, but only those registered voters who reside in a candidate's district may vote for that candidate. Representatives serve two-year terms.
The U.S. vice president serves as the head of the Senate but doesn't vote unless there is a tie. This is one example of how the executive branch can 'check' congressional powers. But Congress can check the president, too. For example, the Senate must approve presidential nominations to federal posts and must ratify all treaties by a two-thirds vote.
The Executive Branch
Article II of the United States Constitution created and empowered our executive branch of government. The United States president leads the executive branch, which also includes the president's advisors, the 15-member cabinet and all federal agencies. Our president serves as our chief executive, or commander-in-chief.
This branch is responsible for carrying out laws. Among other significant duties, the executive branch enforces and recommends federal laws, proposes a federal budget, directs our foreign policy, commands the Armed Forces and nominates and appoints federal government officials. The president may veto or approve legislation, which serves as a check on Congress' authority. The president may also grant pardons and amnesty, which serves as a check on the judicial branch. The president is elected through a national public election. Presidential elections are held every four years. The president may serve up to two terms of four years each.
The Judicial Branch
Article III of the United States Constitution created and empowered our judicial branch of government. The United States Supreme Court leads the judicial branch, which also includes all lower federal courts. The U.S. Supreme Court serves as the highest court in the nation and has the final, or supreme, say. Judicial powers include interpreting federal laws and the U.S. Constitution, deciding cases on appeal from lower federal or state courts and deciding cases involving a state-vs.-state issue or a branch-vs.-branch issue.
But the Supreme Court's most significant power is that of judicial review. This authority doesn't come directly from the Constitution. Instead, the power of judicial review comes from the 1803 Supreme Court case of Marbury v. Madison. Judicial review allows the Supreme Court to check and balance the other two branches by reviewing their actions and determining whether or not they are lawful. Through judicial review, the Supreme Court reviews federal legislation to determine if the laws passed by Congress are in keeping with the Constitution. Judicial review also allows the Court to review the making and enforcing of laws by the states and to review the actions of the president. The Supreme Court includes nine justices, eight associate justices and one chief justice. Once appointed, justices may serve for life. The justices are nominated by the president but must be approved by the Senate. This is another example of a check on powers.
Let's review. The United States Constitution forms our federal government. The framers of our Constitution purposely divided our government into three branches. Each branch is separate and independent from the others. The branches are designed to hold checks and balances over one another. The three branches are the legislative branch, the executive branch and the judicial branch.
The United States Congress heads our legislative branch. This branch serves mainly to make laws. The United States president heads our executive branch. This branch serves mainly to carry out laws. The United States Supreme Court heads our judicial branch. This branch serves mainly to uphold the Constitution.
Chapters in Business 103: Introductory Business Law
- 1. History of American Law (6 lessons)
- 2. Sources of Law (15 lessons)
- 3. Constitutional Law (6 lessons)
- 4. American Legal Systems (13 lessons)
- 5. Legal Procedures (10 lessons)
- 6. Contract Law Basics (19 lessons)
- 7. Capacity in Contract Law (4 lessons)
- 8. Contract Law and Third Party Beneficiaries (3 lessons)
- 9. Contracts: Assignment and Delegation (4 lessons)
- 10. Contracts: Statute of Frauds (7 lessons)
- 11. Contracts: Scopes and Meanings (6 lessons)
- 12. Contracts: Breach of Contract (11 lessons)
- 13. Contracts: Discharge of Contracts (8 lessons)
- 14. The Legal Environment (10 lessons)
- 15. Securities and Antitrust Law (5 lessons)
- 16. Property Law (10 lessons)
- 17. Employment and Labor Law (13 lessons)
- 18. Creditors Rights (4 lessons)
- 19. Product Liability and Consumer Protection (6 lessons)
- 20. International Business Law (4 lessons)
- 21. Torts in Business Law (16 lessons)
- 22. The Role of Agency in Business Law (7 lessons)
- 23. Types of Business Organizations (13 lessons)
- 24. Sales & the Law (11 lessons)
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