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3 Branches of Government

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Published: Jan 30, 2024

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Introduction, a. overview of the three branches of government, b. checks and balances, c. importance of separation of powers, d. interactions between the branches.

• The Federalist Papers
• U.S. Constitution
• Supreme Court decisions

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The Three Branches of Government Essay

Introduction, government branches and their responsibilities.

The government is an entity that is established and controlled in order to support the people of a given society. It can take different forms, but the overall purpose and structure remains. Specific individuals are chosen or born to wield power, allowing them to make decisions that will affect a large percentage of the population. Individuals agree to imbue their government with a certain level of power and authority over different matters, in order to make living organized and fair for every person that is part of said society. This may include lawmaking, criminal justice, policies and other important parts of living in a nation or state. However, a degree of danger comes from relegating a high level of power to a singular entity. It becomes an issue of potential personal interest and abuse of one’s position. Without finding a correct way to balance power, avoid corruption and incentivise every person that works for the government to cooperate, the system loses its proposed value. The main thesis of this work is that the three government branches delegate power and allow each other to fulfill the necessary social responsibilities.

Each of the branches has a level of influence over the others, existing to both fulfill their own responsibilities and control others (“Branches of the U.S. government,” 2022). Because of this, government is divided into three branches – the legislative branch, the executive branch, and the judicial branch. For the purposes of understanding their role in society, and their function, this work will go into further detail discussing the responsibilities of every branch of the government. First, the legislative branch will be covered. It is responsible for making laws that the rest of society should follow. This includes creating legislation for all levels of government. In some nations, this may also include the process of approving legislation from a reigning monarch. In the US, the Senate, The Congress, as well as the House of Representatives are responsible for this process. Next, the executive branch of the government. Derived from the word execute, it enacts laws. The president of the country, their vice president, as well as cabinet members are all members of this branch. Lastly, the judicial branch, that imposes certain measures if individuals do not follow them. Various courts are a part of the judicial branch. Their size and level of influence varies, along with the responsibilities and types of rulings they can perform.

In conclusion, it can be said that the three branches of government are a method of organization, one which allows complex systems to function without becoming too corrupt. It is a system of checks and balances, one that segments the process of making and enforcing legislation into multiple entities with differing levels of reach. The separation allows the government to oversee and control a large, segmented population. In addition, it is also an effective way of preventing abuse of power. If individuals that made laws also executed them, they would have an increased incentive to make legislation with personal bias. Relegating lawmaking and enforcement into separate government entities sidesteps this issue entirely. While this method of organization is not perfect, few other solutions have been found thus far. In promoting accountability and introducing new improvements to the current branched system, it may be possible to compromise on newer and more equitable methods of government structure.

Branches of the U.S. government . (2022). Official Guide to Government Information and Services | USAGov . Web.

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Three Branches of Government

By: History.com Editors

Updated: September 4, 2019 | Original: November 17, 2017

The three branches of the U.S. government are the legislative, executive and judicial branches. According to the doctrine of separation of powers, the U.S. Constitution distributed the power of the federal government among these three branches, and built a system of checks and balances to ensure that no one branch could become too powerful.

Separation of Powers

The Enlightenment philosopher Montesquieu coined the phrase “trias politica,” or separation of powers, in his influential 18th-century work “Spirit of the Laws.” His concept of a government divided into legislative, executive and judicial branches acting independently of each other inspired the framers of the U.S. Constitution , who vehemently opposed concentrating too much power in any one body of government.

In the Federalist Papers , James Madison wrote of the necessity of the separation of powers to the new nation’s democratic government: “The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elected, may justly be pronounced the very definition of tyranny.”

Legislative Branch

According to Article I of the Constitution, the legislative branch (the U.S. Congress) has the primary power to make the country’s laws. This legislative power is divided further into the two chambers, or houses, of Congress: the House of Representatives and the Senate .

Members of Congress are elected by the people of the United States. While each state gets the same number of senators (two) to represent it, the number of representatives for each state is based on the state’s population.

Therefore, while there are 100 senators, there are 435 elected members of the House, plus an additional six non-voting delegates who represent the District of Columbia as well as Puerto Rico and other U.S. territories.

In order to pass an act of legislation, both houses must pass the same version of a bill by majority vote. Once that happens, the bill goes to the president, who can either sign it into law or reject it using the veto power assigned in the Constitution.

In the case of a regular veto, Congress can override the veto by a two-thirds vote of both houses. Both the veto power and Congress’ ability to override a veto are examples of the system of checks and balances intended by the Constitution to prevent any one branch from gaining too much power.

Executive Branch

Article II of the Constitution states that the executive branch , with the president as its head, has the power to enforce or carry out the laws of the nation.

In addition to the president, who is the commander in chief of the armed forces and head of state, the executive branch includes the vice president and the Cabinet; the State Department, Defense Department and 13 other executive departments; and various other federal agencies, commissions and committees.

Unlike members of Congress, the president and vice president are not elected directly by the people every four years, but through the electoral college system. People vote to select a slate of electors, and each elector pledges to cast his or her vote for the candidate who gets the most votes from the people they represent.

In addition to signing (or vetoing) legislation, the president can influence the country’s laws through various executive actions, including executive orders, presidential memoranda and proclamations. The executive branch is also responsible for carrying out the nation’s foreign policy and conducting diplomacy with other countries, though the Senate must ratify any treaties with foreign nations.

Judicial Branch

Article III decreed that the nation’s judicial power, to apply and interpret the laws, should be vested in “one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

The Constitution didn’t specify the powers of the Supreme Court or explain how the judicial branch should be organized, and for a time the judiciary took a back seat to the other branches of government.

But that all changed with Marbury v. Madison , an 1803 milestone case that established the Supreme Court’s power of judicial review, by which it determines the constitutionality of executive and legislative acts. Judicial review is another key example of the checks and balances system in action.

Members of the federal judiciary—which includes the Supreme Court, 13 U.S. Courts of Appeals and 94 federal judicial district courts—are nominated by the president and confirmed by the Senate. Federal judges hold their seats until they resign, die or are removed from office through impeachment by Congress.

Implied Powers of the Three Branches of Government

In addition to the specific powers of each branch that are enumerated in the Constitution, each branch has claimed certain implied powers, many of which can overlap at times. For example, presidents have claimed exclusive right to make foreign policy, without consultation with Congress.

In turn, Congress has enacted legislation that specifically defines how the law should be administered by the executive branch, while federal courts have interpreted laws in ways that Congress did not intend, drawing accusations of “legislating from the bench.”

The powers granted to Congress by the Constitution expanded greatly after the Supreme Court ruled in the 1819 case McCulloch v. Maryland that the Constitution fails to spell out every power granted to Congress.

Since then, the legislative branch has often assumed additional implied powers under the “necessary and proper clause” or “elastic clause” included in Article I, Section 8 of the Constitution.

Checks and Balances

“In framing a government which is to be administered by men over men, the great difficulty is this: You must first enable the government to control the governed; and in the next place, oblige it to control itself,” James Madison wrote in the Federalist Papers . To ensure that all three branches of government remain in balance, each branch has powers that can be checked by the other two branches. Here are ways that the executive, judiciary, and legislative branches keep one another in line:

· The president (head of the executive branch) serves as commander in chief of the military forces, but Congress (legislative branch) appropriates funds for the military and votes to declare war. In addition, the Senate must ratify any peace treaties.

· Congress has the power of the purse, as it controls the money used to fund any executive actions.

· The president nominates federal officials, but the Senate confirms those nominations.

· Within the legislative branch, each house of Congress serves as a check on possible abuses of power by the other. Both the House of Representatives and the Senate have to pass a bill in the same form for it to become law.

· Once Congress has passed a bill, the president has the power to veto that bill. In turn, Congress can override a regular presidential veto by a two-thirds vote of both houses.

· The Supreme Court and other federal courts (judicial branch) can declare laws or presidential actions unconstitutional, in a process known as judicial review.

· In turn, the president checks the judiciary through the power of appointment, which can be used to change the direction of the federal courts

· By passing amendments to the Constitution, Congress can effectively check the decisions of the Supreme Court.

· Congress can impeach both members of the executive and judicial branches.

Separation of Powers, The Oxford Guide to the United States Government . Branches of Government, USA.gov . Separation of Powers: An Overview, National Conference of State Legislatures .

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America's Founding Documents

The Constitution: What Does it Say?

The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). A system of checks and balances prevents any one of these separate powers from becoming dominant. Articles four through seven describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes.

Article I  assigns the responsibility for making laws to the Legislative Branch (Congress). Congress is divided into two parts, or “Houses,” the House of Representatives and the Senate. The bicameral Congress was a compromise between the large states, which wanted representation based on population, and the small ones, which wanted the states to have equal representation.

Article II details the Executive Branch and the offices of the President and Vice President. It lays down rules for electing the President (through the Electoral College), eligibility (must be a natural-born citizen at least 35 years old), and term length. The 12th and 25th Amendments modified some of these rules.

Article III

Article III establishes the Judicial Branch with the U.S. Supreme Court as the federal court system’s highest court. It specifies that Federal judges be appointed for life unless they commit a serious crime. This article is shorter than Articles I and II. The Federal Convention left much of the work of planning the court system to the First Congress. The 1789 Judiciary Act created the three-tiered court system in place today.

Article IV outlines states’ powers in relationship to each other. States have the authority to create and enforce their own laws but must respect and help enforce the laws of other states. Congress may pass Federal laws regarding how states honor other states’ laws and records.

Article V explains the amendment process, which is different and more difficult than the process for making laws. When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it.

Article VI states that Federal law is supreme, or higher than, state and local laws. This means that if a state law conflicts with a Federal law, Federal law takes precedence.

Article VII

Article VII describes the ratification process for the Constitution. It called for special state ratifying conventions. Nine states were required to enact the Constitution. Rhode Island became the 13th state to ratify the Constitution in 1790.

Back to Constitution main page How Did it Happen?

The Three Branches (The Constitution EXPLAINED)

How is the power of the U.S. government divided? These 6 videos introduce students to the structures and responsibilities of the three branches: legislative, executive, and judicial.

This playlist is a part of Constitution EXPLAINED , a series of 35 short videos that explain the text, history, and relevance of the United States Constitution, Bill of Rights, and additional amendments in everyday language.

Developed in partnership with the Center for Civic Education, and with the invaluable contributions of constitutional scholar Linda R. Monk, JD.

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Constitution EXPLAINED: The People's Branch

Constitution EXPLAINED: The Dos and Don'ts of…

Constitution explained: who chooses the president, constitution explained: faithfully execute, constitution explained: the presidency changes, constitution explained: the least dangerous branch, see how it all fits together.

Three branches of government

There are three sections, or branches, of the U.S. government. Find out what they are and how they work together through the system known as checks and balances.

Executive branch

The president is the head of the executive branch and the country. He or she is responsible for signing and enforcing laws passed by Congress. This branch also includes the vice president and the president’s group of advisors, known as the Cabinet.

Powers of the president

—Makes treaties (that must be approved by the Senate)

—Appoints judges and ambassadors (who must be approved by the Senate)

—Calls Congress into session during “extraordinary occasions”

—Enforces laws

—Vetoes bills

—Supports legislation

—Issues executive orders, rules that don’t need Congress’s approval

—Grants pardons to federal offenders

legislative branch

The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress. This branch has the power to “check,” or limit, the president’s power. The law-creation system in the United States, in which members are voted in by the people. Congress writes and revises bills to send to the president to sign into laws. If the president vetoes one, they can override the veto if two-thirds of the representatives disagree with the president and make the bill into a law.

Powers of Congress

—Creates bills that can be voted into laws

—Overrides the president’s vetoes with a two-thirds majority

—Confirms or rejects the president’s appointments

—Confirms or rejects the president’s treaties

—Declares war

—Impeaches the president

judicial branch

The court system in the United States is known as the judicial branch. The Supreme Court is the highest court in this system.

Powers of the Supreme Court

— Decides if the laws passed by Congress or executive orders signed by the president are constitutional and legal

—Declares acts from the president and Congress “unconstitutional”

—Hears cases whose rulings in lower courts have been challenged

From the Nat Geo Kids book Weird But True Know-It-All: U.S. Presidents by Brianna Dumont, revised for digital by Laura Goertzel

U.S. Presidents

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US government and civics

Course: us government and civics   >   unit 1.

• Separation of powers and checks and balances

Principles of American government

• Federalist No. 51
• Multiple points of influence due to separation of powers and checks and balances
• Impeachment
• Principles of American government: lesson overview
• The Framers of the US Constitution structured the government so that the three branches have separate powers. The branches must both cooperate and compete to enact policy.
• Each of the branches has the power to check the other two, which ensures that no one branch can become too powerful and that government as a whole is constrained.
• This structure ensures that the people’s will is represented by allowing citizens multiple access points to influence public policy, and permitting the removal of officials who abuse their power.

The structure of US government: separation of powers

• (Choice A)   The ability of the president to veto legislation and the judicial branch to declare laws unconstitutional A The ability of the president to veto legislation and the judicial branch to declare laws unconstitutional
• (Choice B)   State governments and the federal government have exclusive and concurrent powers B State governments and the federal government have exclusive and concurrent powers
• (Choice C)   Parts of government act independently from each other and have different responsibilities C Parts of government act independently from each other and have different responsibilities

The structure of US government: checks and balances

• (Choice A)   Each branch of government acts independently of the other two in order to control the effects of factions A Each branch of government acts independently of the other two in order to control the effects of factions
• (Choice B)   The branches of government must agree on a balanced budget before they proceed with policymaking B The branches of government must agree on a balanced budget before they proceed with policymaking
• (Choice C)   Each branch of government has the ability to strongly influence or stop the actions of the other two C Each branch of government has the ability to strongly influence or stop the actions of the other two

What’s important about separation of powers and checks and balances?

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The Three Branches of US Government

• U.S. Constitution & Bill of Rights
• History & Major Milestones
• U.S. Legal System
• U.S. Political System
• Defense & Security
• Campaigns & Elections
• Business & Finance
• U.S. Foreign Policy
• U.S. Liberal Politics
• U.S. Conservative Politics
• Women's Issues
• Civil Liberties
• The Middle East
• Race Relations
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• Crime & Punishment
• Canadian Government
• Understanding Types of Government

The United States has three branches of government: the executive, the legislative and the judicial. Each of these branches has a distinct and essential role in the function of the government, and they were established in Articles 1 (legislative), 2 (executive) and 3 (judicial) of the U.S. Constitution.

The belief that a just, fair, and functional government required that power be divided between various branches long preceded the Constitutional Convention of 1789 .

In his analysis of the Ancient Roman government , Greek statesman and historian Polybius identified it as a “mixed” regime with three branches—the monarchy, the aristocracy, and the democracy in the form of the people.

Centuries later, this concept would go on to influence ideas about similar separations of powers being crucial to a well-functioning government expressed by enlightened philosophers such as Charles de Montesquieu, William Blackstone , and John Locke . In his famous 1748 work “The Spirit of the Laws,” Montesquieu argued that the best way to prevent despotism or totalitarianism was through a separation of powers, with different bodies of government exercising legislative, executive, and judicial power, with all these bodies subject to the rule of law. 

Based on the ideas of Polybius, Montesquieu, Blackstone, and Locke, the framers of the U.S. Constitution divided the powers and responsibilities of the new federal government among the three branches we have today. 

The Executive Branch

The executive branch consists of the president , vice president and 15 Cabinet-level departments such as State, Defense, Interior, Transportation, and Education. The primary power of the executive branch rests with the president, who chooses his vice president , and his Cabinet members who head the respective departments. A crucial function of the executive branch is to ensure that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding the homeland and representing the United States' political and economic interests around the world.

The President

The president leads American people and the federal government . He or she also acts as the head of state, and as Commander in Chief of the United States Armed Forces. The president is responsible for formulating the nation’s foreign and domestic policy and for developing the annual federal operating budget with the approval of Congress.

The president is freely elected by the people through the Electoral College system. The president serves a four-year term in office and can be elected no more than twice.

The Vice President

The vice president assists and advises the president, and must be ready at all times to assume the presidency in the event of the president’s death, resignation, or temporary incapacitation. The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie.

The vice president is elected along with the president as a “running mate” and can be elected and serve an unlimited number of four-year under multiple presidents.

The Cabinet

The President’s Cabinet serves as advisors to the president. They include the vice president, the heads of the 15 executive departments, and other high-ranking government officials. Each Cabinet member also holds a spot in the presidential line of succession . After the Vice President, Speaker of the House , and President pro tempore of the Senate, the line of succession continues with the Cabinet offices in the order in which the departments were created.

With the exception of the vice president, Cabinet members are nominated by the president and must be approved by a simple majority of the Senate.

The Legislative Branch

The legislative branch consists of the Senate and the House of Representatives , collectively known as the Congress. There are 100 senators; each state has two. Each state has a different number of representatives, with the number determined by the state's population, through a process known as " apportionment ." At present, there are 435 members of the House. The legislative branch, as a whole, is charged with passing the nation's laws and allocating funds for the running of the federal government and providing assistance to the 50 U.S. states.

The Constitution grants the House of Representatives several exclusive powers, including the power to initiate spending and tax-related revenue bills, impeach federal officials , and elect the President of the United States in the case of an electoral college tie .

The Senate is granted the sole power to try federal officials impeached by the House of Representatives, the power to confirm presidential appointments that require consent and to ratify treaties with foreign governments. However, the House must also approve appointments to the office of Vice President and all treaties that involves foreign trade, since they involve revenue.

Both the House and Senate must approve all legislation —bills and resolutions—before they can be sent to the president for his or her signature and final enactment. Both the House and the Senate must pass the identical bill by a simple majority vote. While the president has the power to veto (reject) a bill , the House and Senate have the power to override that veto by passing the bill again in each chamber with at least two-thirds “super majority” of the members of each body voting in favor.

The Judicial Branch

The judicial branch consists of the United States Supreme Court and lower federal courts . Under the Supreme Court's constitutional jurisdiction , its primary function is to hear cases that challenge the constitutionality of legislation or require interpretation of that legislation. The U.S. Supreme Court has nine Justices, who are nominated by the president and must be confirmed by a simple majority vote of the Senate. Once appointed, Supreme Court justices serve until they retire , resign, die or are impeached.

The lower federal courts also decide cases dealing with the constitutionality of laws, as well as cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases. Decisions of the lower federal courts can be and often are appealed to the U.S. Supreme Court .

Checks and Balances

Why are there three separate and distinct branches of government, each with a different function? The framers of the Constitution did not wish to return to the totalitarian system of governance imposed on colonial America by the British government.

To ensure that no single person or entity had a monopoly on power, the Founding Fathers designed and instituted a system of checks and balances. The president's power is checked by the Congress, which can refuse to confirm his appointees, for example, and has the power to impeach or remove, a president. Congress may pass laws, but the president has the power to veto them (Congress, in turn, may override a veto). And the Supreme Court can rule on the constitutionality of a law, but Congress, with approval from two-thirds of the states, may amend the Constitution .

Updated by Robert Longley

• Basic Structure of the US Government
• The Executive Branch of US Government
• About the Legislative Branch of U.S. Government
• Separation of Powers: A System of Checks and Balances
• The Executive Branch of US Goverment
• Government 101: The United States Federal Government
• The Powers of Congress
• The U.S. Constitution
• About the United States Senate
• Overview of United States Government and Politics
• Legislative Powers of the President of the United States
• Congressional Oversight and the US Government
• Supermajority Vote in US Congress
• High Crimes and Misdemeanors Explained
• Only the President Can Veto Bills
• What the President of the United States Does

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Branches of the U.S. government

Learn about the executive, legislative, and judicial branches of the U.S. government.

The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This ensures that no individual or group will have too much power.

Legislative branch

This branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress.

The legislative branch’s roles include:

• Drafting proposed laws
• Confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court
• Having the authority to declare war

Executive branch

The executive branch’s key roles include:

• President - The president is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces. 
• Vice president - The vice president supports the president. If the president is unable to serve, the vice president becomes president. The vice president also presides over the U.S. Senate and breaks ties in Senate votes.
• The Cabinet - Cabinet members serve as advisors to the president. They include the vice president, heads of executive departments, and other high-ranking government officials. Cabinet members are nominated by the president and must be approved by the Senate.

The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.

Judicial branch

The judicial branch includes the Supreme Court and other federal courts.

It evaluates laws by:

• Interpreting the meaning of laws
• Applying laws to individual cases
• Deciding if laws violate the Constitution

How each branch of government provides checks and balances

The ability of each branch to respond to the actions of the other branches is the system of checks and balances .

Each branch of government can change acts of the other branches:

• The president can veto legislation created by Congress. He or she also nominates heads of federal agencies and high court appointees.
• Congress confirms or rejects the president's nominees. It can also remove the president from office in exceptional circumstances.
• The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.

LAST UPDATED: December 6, 2023

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3 Branches of Government

The constitution of the United States divides the power of the government into three branches: the executive, the legislative, and the judicial. These three branches collaborate to develop authority that has equal power over the entire country and establish powerful authority. Furthermore, each branch is responsible for carrying out specific responsibilities and duties to function effectively and efficiently, which is following the standards that countries uphold. Correspondingly, legislators, judges, and the executive work together to ensure that the nation’s most powerful law, the constitution, is accurate and that a bill becomes a law is properly implemented and enforced.

The legislative branch is the branch of government that creates laws in a congress that is made up of the House of Representatives and the Senate. It regulates interstate and foreign economic relations and controls the country’s taxing policy. The executive branch is the second branch of government, and its function is to carry out the laws passed by the legislature. It is made up of the president, vice president, cabinet, and most federal agencies, among other people. The third branch, which is the judicial branch, is responsible for evaluating the laws that have been passed. The judicial branch comprises the Supreme Court and the other relatively low levels of the judiciary system.

In addition, as the head of the government, the president has the authority to veto legislation passed by Congress or the legislature and to nominate the most qualified individuals to lead federal agencies. Congress then confirms or rejects the president’s nominees, and it has the authority to impeach the president in the event of extraordinary circumstances. Aside from that, justices of the Supreme Court have the power to overturn unconstitutional laws that have been nominated and confirmed by the president and the senate. As a result, these branches have a system of checks and balances in place, which assists them in responding to the actions of other branches.

The executive branch of government in the United States is responsible for carrying out and enforcing laws. The executive branch is divided into sub-branches, including the president’s administrative office, federal agencies, and independent federal agencies. The executive office of the president is the most powerful of these sub-branches. From communicating with American citizens about the president’s message to ensuring that those messages are carried out, the executive office is in charge of many things. Moreover, they perform tasks that are beneficial to promoting trade interests in other countries. The president is in charge of this branch of government.

The constitution gives the president and the executive agency authority to exercise the powers of this branch. As a result, the executive grants the president powers that are confined in one way or another because it is believed that the federal state is not looking for an authoritarian figure to lead the country, as opposed to a strongman. As a result, the executive presidential office provides advice and support to the president in making decisions that are in the best interests of the citizens of the United States. Second, the federal agencies are tasked with the responsibility of overseeing national security threats and resource allocation. They also take part in regulating practices that are in need of close supervision and regulation. Consequently, the independent federal agencies assist in providing services in areas that are too complex for the state government to handle on a regular basis.

In contrast, the Judicial branch, although it comes after the Executive and Legislative branches of government, is not any less valuable than the other two branches of government. There are two branches of government in the United States: the Supreme Court and the lower federal court system. This branch is responsible for interpreting the law. According to the third amendment of the Constitution, all courts in the Judicial branch have the authority to decipher the law, are headed by a Chief Justice who is in charge of making difficult decisions in trials involving presidential impeachment, and have the ability to engage in judicial review. The judicial branch handles the meaning of laws, the application of laws to specific cases, and the determination of whether or not laws violate the constitution.

In conclusion, the U.s Government divides its power among the three powerful branches of government: the legislative, executive, and judicial branches of government. These branches communicate with one another to establish strong and equal authority in their ability to exercise control over the country. Each branch is responsible for carrying out specific responsibilities and duties to function effectively that are consistent with the values that society upholds. Executive, legislative, and judicial branches all converse with one another to ensure that the Constitution, the nation’s most strong law of the land, is accurately implemented. It is critical to understand how these branches converse with one another to understand how a bill becomes a law and is critical to the functioning of our government (Cohen & Adashi, 2018, p2454). Each branch of government has specific responsibilities to maintain our country flowing efficiently. There are checks and balances in place between the three branches of government to ensure that no one branch gains too much power.

Cohen, I. G., & Adashi, E. Y. (2018). Personhood and the three branches of government. The New England journal of medicine, 378(26), 2453-2455.

Ochieng’Opalo, K. (2019). Legislative development in Africa: Politics and postcolonial legacies. Cambridge University Press.

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The Three Branches of Federal Government, Essay Example

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How does the federal government govern America? The U.S. Constitution, ratified in 1789, is the basic instrument of government. Although the power lies with the people, the Constitution divides power both vertically and horizontally. Within the federal government, power is channeled into three different branches – the legislative, the executive,and the judiciary. This is called vertical division of power and often referred as “separation of powers”. The three branches of government served as a system of checks and balances on each other, providing a lateral balance of power. To minimize the chance that one branch will become so strong that it can abuse its power and harm the citizenry, each branch has some power over the other two in a system known as checks and balances. The Constitution also divides power horizontally, into layers, between the nationwide government and the statewide governments. This arrangement is known as federalism. In a further division of powers, state governments create local governments.

There are two branches of federal government that attempt to govern America, the Executive and Legislative Branches. The third branch of the federal triumvirate, the Judicial Branch weights in when there is a constitutional issue caused by the governance of either or both the other two branches. This organizational experiment has been a work in progress for the past 234 years and counting. The Constitution and the Bill of Rights of the United States of America are the basis and the authority for all three Branches to exist and operate. I will belabor these points in detail.

At the federal level, the executive branch includes the president and the vice president and, at the state level, the governor and lieutenant governor. Holders of these offices are elected in national or statewide elections, respectively. The president may remain in powerfor two to four-year terms (if reelected). Most governors may also serve two terms, if reelected. Once elected, the executives appoint a cabinet.

The legislative branch is the body of elected representatives. Most legislatures are bicameral – that is, the governing bodyincludes two houses. The federal legislature is made up of the House of Representatives and the Senate, as are most state governing bodies. Representation in the U.S. House of Representatives is based on populace, so more densely populated states have more representatives. In the U.S. Senate, representation is equal for all the states with two representatives for each. In state senates, one senator represents an entire district.

A number of agencies serve the legislative branch. On the federal government level these agencies are referred to as legislative agencies and include: The General Accounting Office (GAO), The Congressional Budget Officer (CBO) and The Government Printing Office (GPO). In addition, independent commissions provide Congress with reports and advice on policy matters. States generally have agencies that review bills in terms of their fiscal impact and policy implications.

Finally, the judicial branch consists of court system. The highest authority is given to the Supreme Court. Generally, the division of labor among the three branches of government is such that the legislature is charged with making law, the executive branch implements and enforces the law, and the judiciary interprets the law. The judicial branch is not a focus of the government relations process, and certain legal restrictions help to preserve the independence of the judiciary. The role of the courts should always be taken into account, however, because at times it is appropriate to consider whether legal remedies should be pursued either before or after the legislative or regulatory strategy.

The American constitutional system thus simultaneouslyprovides the gateways for access and gates that limit access. The people govern themselves, but indirectly and through a system that disperses power among many competing interests.

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Source: Emmanuel Saez and Gabriel Zucman • Note: Tax rates shown include levies paid at all levels of government. Government transfers such as Social Security benefits have not been subtracted.

In the 1960s, the 400 richest Americans paid more than half of their income in taxes. Higher tax rates for the wealthy kept inequality in check and helped fund the creation of social safety nets like Medicare, Medicaid and food stamps.

Today, the superrich control a greater share of America’s wealth than during the Gilded Age of Carnegies and Rockefellers. That's partly because taxes on the wealthy have cratered. In 2018, America's top billionaires paid just 23 percent of their income in taxes.

For the first time in the history of the United States, billionaires had a lower effective tax rate than working-class Americans.

Guest Essay

It’s Time to Tax the Billionaires

By Gabriel Zucman

Gabriel Zucman is an economist at the Paris School of Economics and the University of California, Berkeley.

Until recently, it was hard to know just how good the superrich are at avoiding taxes. Public statistics are oddly quiet about their contributions to government coffers, a topic of legitimate interest in democratic societies.

Over the past few years, I and other scholars have published studies and books attempting to fix that problem. While we still have data for only a handful of countries, we’ve found that the ultrawealthy consistently avoid paying their fair share in taxes. In the Netherlands, for instance, the average taxpayer in 2016 gave 45 percent of earnings to the government, while billionaires paid just 17 percent.

Billionaires avoid taxes outside

the United States, too

United States

Netherlands

Lower earners

0-50th percentile

Middle earners

51-90th percentile

High earners

90-99.99th percentile

Billionaires

Billionaires avoid taxes outside the United States, too

50% total tax rate

Sources: Demetrio Guzzardi, et al., Journal of the European Economic Association; Emmanuel Saez and Gabriel Zucman; Institut des Politiques Publiques; Netherlands Bureau for Economic Policy Analysis

Note: Data is from 2015 for Italy; 2016 for the Netherlands and France; 2018 for the United States.

Why do the world’s most fortunate people pay among the least in taxes, relative to the amount of money they make?

The simple answer is that while most of us live off our salaries, tycoons like Jeff Bezos live off their wealth. In 2019, when Mr. Bezos was still Amazon’s chief executive, he took home an annual salary of just $81,840 . But he owns roughly 10 percent of the company , which made a profit of $30 billion in 2023.

If Amazon gave its profits back to shareholders as dividends, which are subject to income tax, Mr. Bezos would face a hefty tax bill. But Amazon does not pay dividends to its shareholders. Neither does Berkshire Hathaway or Tesla. Instead, the companies keep their profits and reinvest them, making their shareholders even wealthier.

Unless Mr. Bezos, Warren Buffett or Elon Musk sell their stock, their taxable income is relatively minuscule. But they can still make eye-popping purchases by borrowing against their assets. Mr. Musk, for example, used his shares in Tesla as collateral to rustle up around $13 billion in tax-free loans to put toward his acquisition of Twitter.

Jeff Bezos arriving for a news conference after flying into space in the Blue Origin New Shepard rocket on July 20, 2021.

Getty Images

Outside the United States, avoiding taxation can be even easier.

Take Bernard Arnault, the wealthiest person in the world. Mr. Arnault’s shares in LVMH, the luxury goods conglomerate, officially belong to holding companies that he controls. In 2023, Mr. Arnault’s holdings received about $3 billion in dividends from LVMH. France — like other European countries — barely taxes these dividends, because on paper they are received by companies. Yet Mr. Arnault can spend the money almost as if it were deposited directly into his bank account, so long as he works through other incorporated entities — on philanthropy , for instance, or to keep his megayacht afloat or to buy more companies .

Historically, the rich had to pay hefty taxes on corporate profits, the main source of their income. And the wealth they passed on to their heirs was subject to the estate tax. But both taxes have been gutted in recent decades. In 2018, the United States cut its maximum corporate tax rate to 21 percent from 35 percent. And the estate tax has almost disappeared in America. Relative to the wealth of U.S. households, it generates only a quarter of the tax revenues it raised in the 1970s.

The falling U.S. corporate tax rate

Reagan tax cuts

Trump tax cuts

Source: Internal Revenue Service

Note: Tax rates are for each year’s highest corporate income bracket.

So what should be done?

One obstacle to taxing the very rich is the risk they may move to low-tax countries. In Europe, some billionaires who built their fortune in France, Sweden or Germany have established residency in Switzerland , where they pay a fraction of what they would owe in their home country. Although few of the ultrawealthy actually move their homes , the possibility that they might has been a boogeyman for would-be tax reformers.

There is a way to make tax dodging less attractive: a global minimum tax. In 2021, more than 130 countries agreed to apply a minimum tax rate of 15 percent on the profits of large multinational companies. So no matter where a company parks its profits, it still has to pay at least a baseline amount of tax under the agreement.

In February, I was invited to a meeting of Group of 20 finance ministers to present a proposal for another coordinated minimum tax — this one not on corporations, but on billionaires. The idea is simple. Let’s agree that billionaires should pay income taxes equivalent to a small portion — say, 2 percent — of their wealth each year. Someone like Bernard Arnault, who is worth about $210 billion, would have to pay an additional tax equal to roughly $4.2 billion if he pays no income tax. In total, the proposal would allow countries to collect an estimated $250 billion in additional tax revenue per year, which is even more than what the global minimum tax on corporations is expected to add.

Bernard Arnault watching the men’s singles final at the French Open on June 8, 2014.

Abaca Press

Critics might say that this is a wealth tax, the constitutionality of which is debated in the United States. In reality, the proposal stays firmly in the realm of income taxation. Billionaires who already pay the baseline amount of income tax would have no extra tax to pay. The goal is that only those who dial down their income to dodge the income tax would be affected.

Critics also claim that a minimum tax would be too hard to apply because wealth is difficult to value. This fear is overblown. According to my research, about 60 percent of U.S. billionaires’ wealth is in stocks of publicly traded companies. The rest is mostly ownership stakes in private businesses, which can be assigned a monetary value by looking at how the market values similar firms.

One challenge to making a minimum tax work is ensuring broad participation. In the multinational minimum tax agreement, participating countries are allowed to overtax companies from nations that haven’t signed on. This incentivizes every country to join the agreement. The same mechanism should be used for billionaires. For example, if Switzerland refuses to tax the superrich who live there, other countries could tax them on its behalf.

We are already seeing some movement on the issue. Countries such as Brazil, which is chairing the Group of 20 summit this year and has shown extraordinary leadership on the issue, and France , Germany, South Africa and Spain have recently expressed support for a minimum tax on billionaires. In the United States, President Biden has proposed a billionaire tax that shares the same objectives.

To be clear, this proposal wouldn’t increase taxes for doctors, lawyers, small-business owners or the rest of the world’s upper middle class. I’m talking about asking a very small number of stratospherically wealthy individuals — about 3,000 people — to give a relatively tiny bit of their profits back to the governments that fund their employees’ educations and health care and allow their businesses to operate and thrive.

The idea that billionaires should pay a minimum amount of income tax is not a radical idea. What is radical is continuing to allow the wealthiest people in the world to pay a smaller percentage in income tax than nearly everybody else. In liberal democracies, a wave of political sentiment is building, focused on rooting out the inequality that corrodes societies. A coordinated minimum tax on the superrich will not fix capitalism. But it is a necessary first step.

More on tax evasion and inequality

This Is Tax Evasion, Plain and Simple

By Gabriel Zucman and Gus Wezerek

The Tax Pirates Are Us

By Binyamin Appelbaum

How to Tax Our Way Back to Justice

By Emmanuel Saez and Gabriel Zucman

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

Follow the New York Times Opinion section on Facebook , Instagram , TikTok , WhatsApp , X and Threads .

Gabriel Zucman is an economist at the Paris School of Economics and the University of California, Berkeley, and a co-author of “The Triumph of Injustice: How the Rich Dodge Taxes and How to Make Them Pay.”

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