Three equal branches of government: separation of powers, and checks and balances

The United States and many other democracies operate with three equal branches of government: the legislative branch, the executive branch, and the judicial branch. Each branch has different powers (called the “separation of powers”). A system of checks and balances ensures each branch has enough power to keep the other branches in check.

The three branches of government: different teams, different jobs

The United States government, and every state government, has three branches with their own unique powers and responsibilities.

• The legislative branch includes the legislators, usually a large House of Representatives and a smaller Senate. (Nebraska is the only state with just one body of legislators, called the Nebraska Unicameral Legislature.) Legislators are responsible for writing new laws. For example, the legislative branch decides what behavior is illegal, sets tax rates, and writes the rules on how to register to vote in each state.
• The executive branch is led by a chief executive such as a governor or the U.S. president. The executive branch is responsible for enforcing laws passed by the legislative branch. For example, the Attorney General, the chief prosecutor, is responsible for enforcing laws against drug dealing, assault, and even pollution. The executive branch is also responsible for enforcing laws around schools, child protection, safe workplaces, social services, motor vehicles, and so on.
• The judicial branch is responsible for interpreting the laws written by the legislative branch. This includes settling disputes between two people who disagree under the law, as well as overseeing criminal trials.

Each state differs a little in how these branches are structured. For example, in New Hampshire an Executive Council – made up of five elected officials – is responsible for approving state contracts and appointments made by the governor. New Hampshire also does not elect any judges, which is rare in the United States. However, the basic role of each branch stays the same.

Separation of powers: each team has its own specialty

The United States and other democracies use the separation of powers so that each branch has a clear role, with limited power.

For example, the legislative branch has the “power of the purse,” meaning they have the power to set the state and/or federal budget. The executive branch cannot decide to suddenly spend more on bombs or parks without the legislature’s say-so.

Meanwhile the judicial branch can’t call up an army to enforce the laws how they want; only the governor or U.S. president has that power.

Checks and balances: each team can limit the others

While the three branches of government have separate powers, they also have the ability to limit how far the other branches go. This is called a system of checks and balances.

For example, the governor or U.S. President has the power to veto any new laws passed by the legislative branch. However, if the legislative branch strongly supports a new law, they can override that veto with a supermajority vote (a threshold higher than 50%).

The legislature also has the power to impeach executive branch officials and remove them from office, if there is enough evidence of wrongdoing.

The judicial branch has the power to rule that a law violates citizens’ rights or other parts of the constitution. If the judicial branch decides a law is “unconstitutional,” it can no longer be enforced by the executive branch.

What happens if one branch takes too much power?

The people who wrote the U.S. Constitution tried to separate powers and provide checks and balances to ensure that no branch was ever able to take over the entire government. However, if one branch fails to do its job, or if one branch ignores another, we might enter a constitutional crisis. In other words, our government would no longer function how the constitution intended, and the careful balance between the three branches might fall into a dictatorship.

For example, if the U.S. President continues to enforce a law the courts ruled is unconstitutional, that would take power from the judicial branch and concentrate it in the executive branch.

Some observers believe President Trump has violated laws and skirted court orders in a way that threatens the separation of powers. For example, President Trump issued an executive order that denies U.S. citizenship to the children of immigrants, which seems to directly contradict the 14th Amendment of the U.S. Constitution. However, other experts argue the United States is not in a constitutional crisis until President Trump directly disobeys an order of the U.S. Supreme Court.

It is also worth noting that some experts believe President Trump is seizing more power because Congress – the legislative branch – is failing to do its job. Partisan gridlock blocks almost all new laws, and on several occasions, Congress has forced the federal government to shutdown because they cannot agree on a new budget. From that perspective, President Trump is filling a vacuum of power created by the legislative branch.