the three arms of United states government and how they work

If you’re not a serious political person, you might be confused by how the three main branches of the US government seem to be running headlong instead of working together on solutions to problems of the country. But, as we shall see, government is organized in three parts for a reason. This article is about the three arms of United states government and how they work.

The three arms of United States government branches are:

• The executive, which includes the president and the state agencies he controls;
• The legistlature, which consists of two houses of Congress, namely the House of Representatives and the Senate; and
• Judiciary, which include the Supreme Court and federal and state courts throughout the country.

In general, this is how the system works.

The president can force Congress to pass legislation on issues he promised to address during his campaign. After much debate and trial and error, the Legislature approved legislation, which sometimes turned out to be very different from what the president requested.

If he doesn’t approve the bill, he can issue a signing statement that outlines how the federal agencies he controls will implement the law differently than Congress intended.

Then, the executive branch makes the rules for how the law will be applied and the law begins. Congressional committees may have hearings to review the actions of executive departments.

In its wake, the Supreme Court of the United States can step in and kill both the President and Congress, ruling that part of the law is unconstitutional, forcing them to start over. As crazy as it sounds, this is how the founders of the country wanted the system to work, because they did not want any part of the government to have too much power.

To that end, they filled out the checks and balances that each branch could impose on others in the United States Constitution. The idea is that these three branches will eventually reach an agreement that everyone will live by.

Where the founders got the idea

The idea of ​​three branches of the American government is not unique to Americans. “The idea of ​​different departments and governments mixed back in ancient times in Aristotle’s politics, which the authors are familiar with,” says Nicholas Mosvick by email. He is a senior scholar at the National Constitution Center, a museum and academic institution in Philadelphia. James Madison, the future president who was the main author of the US Constitution, and other founders were also influenced by John Locke, a British philosopher at the end of the 17th century.

Perhaps the most important influence was the French philosopher Baron de Montesquieu, who wrote the 1748 book “The Spirit of Laws”, who explained what should be distinguished from rulers and rulers in countries without base.

He believed that the Republican government should have an independent executive, legislature and judiciary, to protect themselves from the abuse of various powers.

The system laid out by the founders, described in Articles I, II and III of the American Constitution, was not as simple as Montesquieu’s, says Mosvick. Instead, they let them get together.

“The simplest example is in the Senate and in Article II,” says Mosvick. “The Senate holds executive functions in a clear way, as it participates in the consultation and approval of treaties, appoints judges and executive officers. The President holds the right of veto, which assigned to him in law, and has the right to give advice to Congress. , usually in the form of state union and legal advice”.

How did the three-legged system begin?

To complicate matters, some of the president’s powers are not defined in the Constitution, Mosvick said. “Either executive orders or declarations of intervention come from the text of the Constitution. Executive orders are powers derived from the ‘Executive Branch’, ‘Commander-in-Chief’ and ‘Faithful Execution’ language of Article II, and as the authority to command the opinions of the leaders, which led Washington to form the cabinet.”

Mosvick continued, “signing these declarations is an important legal debate. “Many scholars do not believe that they are fully constitutional because they violate the separation of powers because they take the authority of the law by determining the letter when ‘loyalty and “Act” means to follow the law as directed by Congress.”

The idea of ​​how the three branches work together – or against each other – has also evolved over the centuries.

“Perhaps the most significant change in the separation of powers has been the rise of executive control since the New Deal in the 1930s,” Mosvick said.

Scholars debate whether or not the doctrine of non-delegates came from the understanding of its founders, but the idea is simply that Congress cannot delegate its basic clause power – to make all laws – to another group, more than it can authorize. refer to Article III rights or Article III rights”.

“That is also where the recent questions about the removal of the president of the directors of the management company come from – it is also about the separation of powers, but which is the result of the innovation of this time that the producers cannot to consider completely.”

How the Three arms of US government Find Themselves

Bruce Peabody is a professor of government and politics at Fairleigh Dickinson University and the author of “Where Have All the Heroes Gone? The Changing Nature of American Valor,” as well as a 2019 article in The Conversation about the concept of separation of powers. He explains that the checks and balances built into the three systems have prevented abuses of power in the past.

“In this strange model of checks and balances, each branch argues that it is in its political and corporate and national interest,” he says. – said. But the third system is not the kind of government machine that can run on autopilot. For a democracy to work, those in the three branches must have personal qualities that transcend the formalities of the system, Peabody and other scholars said.

Over the past few years, we have seen the system become less effective in resolving conflicts and taking effective action. The growing controversy over the country’s immigration policy is a prime example.

He cites the example of George Washington, who agreed to be the president of both the constitutional convention and the first American president because he was working, although he wanted to return to the land and support slavery. with Mount Vernon.

Peabody cited the work of scholars Steven Levitsky and Daniel Ziblatt, who he said identified the basic principles necessary to make our government work.

One of their core values, says Peabody, is “reciprocity” — the idea of ​​accepting your political opponents as legitimate, even if you don’t agree with them.

Another important thing is “patience”, which means that you limit yourself in using your political power to promote your interests and those of the political party to which you belong.

Why it doesn’t work as well as it should

However, the three-legged system of America is also able to create inequality, in part because the founders chose to create a strong executive. This leader has absolute power and cannot be easily removed from power until his term expires. (In the UK, on ​​the other hand, political strife can prompt parliament to call a snap election that could result in the prime minister being ousted from power.)

That, combined with the success of both parties when FDR put their candidates for the White House (in the close competition of many presidential races) has made both Democrats and Republicans involved in “Increasing government power,” Peabody said.

The Trump and Obama administrations, he says, “show that we look to our president to solve problems and exercise authority when Congress can’t support, direct or express itself.”

After years of conflict in Congress over immigration, for example, President Obama decided in 2014 to issue an executive order delaying the deportation of “Dreamers,” children who entered the United States legally with their parents. not supported and grown here, as National Public Radio reports. description of the story.

The legality of this practice was approved in a small 5-4 US Supreme Court decision in June 2020. Obama for Children [DACA], deciding whether to make a political decision without interest is removed from the administrative process similar.)

And yet, the third series has a dramatic backlash. According to Peabody, the Constitution still allows Congress and the courts to push back against executive power.

the three arms of United states government

Congress and the executive branch worked together to accomplish major changes that culminated in President Lyndon Johnson signing the Constitution on July 2, 1964. The bill was a bipartisan effort in Congress and was signed by House Speaker John McCormack and Senate Speaker Pro Tempore Carl Hayden.

“Despite having a majority of Republican nominees, justices on the Supreme Court and lower federal courts have issued reviews of presidential passes,” Peabody said.

In addition, “Congress retains the so-called power of the stock market, which it can use to modify national priorities.”

Current Speaker of the House Nancy Pelosi has fought to protect Congress’s authority over the process, arguing that the Act focuses on the process and powers of the Legislature.

Peabody said, “As difficult as it is in our political times, one can imagine a president asserting himself against the president and supporting the political interests of Congress.” get involved,” Peabody said.

FAQs on the three branches of government

Why are there three branches of the US government?

The federal government of the United States of America has three branches that are responsible for the separation of powers. They are: courts, legislatures and executives.

Each branch has a specific role and exercise the power to protect the law and the rights of citizens. What is the function of the branch?
These three branches work to ensure that the government continues to operate efficiently.

Courts are responsible for the interpretation of laws.

Legislative powers define and create laws, while executive powers enforce laws.

What are the powers of the Executive?

The executive department manages international relations with other countries under the direction of the president. The President is responsible for signing the agreements and negotiations, which are approved by the Senate.

In addition, the president also issues executive orders, such as issuing federal regulations.

What constitutes legislative authority?

The legislature consists of two houses, namely the Senate and the House of Representatives. Those rooms are called Congress. They have the power to define laws, control laws, organize welfare and declare war.

Which of the three branches of government is the most powerful?

The legislative branch, which is made up of Congress, has the highest authority as provided by law.