3.2 Legislative, Executive, and Judicial Branches

The U.S. government's three branches work together to create, enforce, and interpret laws. Each branch has unique powers and responsibilities, ensuring a system of checks and balances to prevent any one branch from becoming too powerful.

Understanding how these branches interact is crucial for grasping American democracy. From the legislative process to executive orders and judicial review, the interplay between branches shapes policy and impacts citizens' daily lives.

Legislative Branch

Structure and Procedures

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• Bicameral legislature consists of two chambers, the Senate and the House of Representatives, which work together to create and pass legislation
  • Senate has 100 members (2 per state) serving 6-year terms
  • House of Representatives has 435 members apportioned by state population serving 2-year terms
• Filibuster is a tactic used in the Senate to delay or prevent a vote on a bill by extending debate indefinitely
  • Senators can speak for as long as they wish on any topic unless 3/5 of the Senate (60 Senators) votes to end debate (invoke cloture)
  • Filibusters can be used by the minority party to block legislation they oppose

Powers and Checks

• Veto power allows the President to reject a bill passed by Congress
  • Congress can override a presidential veto with a 2/3 majority vote in both chambers
  • Pocket veto occurs when the President takes no action on a bill within 10 days of Congress adjourning, effectively killing the legislation
• Impeachment is the process by which Congress can remove a federal official, including the President, from office for "Treason, Bribery, or other high Crimes and Misdemeanors"
  • House of Representatives has the sole power to impeach (bring charges)
  • Senate has the sole power to try impeachments and convict with a 2/3 majority vote

Executive Branch

Roles and Responsibilities

• Separation of powers divides the federal government into three distinct branches (legislative, executive, judicial) with separate roles to prevent concentration of power
• Checks and balances system gives each branch ways to limit the power of the other branches to maintain a balance of power (examples: veto power, judicial review, impeachment)
• Executive orders are directives issued by the President to federal agencies that carry the force of law
  • Allow the President to take action without Congressional approval
  • Can be overturned by Congress passing a law or by the courts if deemed unconstitutional
• Cabinet is a group of advisors appointed by the President to head executive departments (State, Defense, Treasury, etc.) and provide advice on policy issues

Privileges and Limitations

• Executive privilege is the right of the President to withhold information from Congress or the courts, typically for national security reasons or to protect confidential communications
  • Extent of executive privilege has been debated and limited by Supreme Court rulings (United States v. Nixon)
  • Congress can challenge claims of executive privilege through subpoenas and lawsuits

Judicial Branch

Powers and Processes

• Judicial review is the power of the courts to declare laws, executive orders, and government actions unconstitutional
  • Established by the Supreme Court in Marbury v. Madison (1803)
  • Allows the judicial branch to serve as a check on the legislative and executive branches
• Judicial appointments are made by the President and confirmed by the Senate
  • Supreme Court Justices and federal judges serve lifetime appointments to ensure judicial independence
  • Confirmation process includes Senate Judiciary Committee hearings and a full Senate vote

Interpretations and Precedents

• Constitutional interpretation is the process by which courts determine the meaning and application of the Constitution to specific cases and controversies
  • Originalism interprets the Constitution based on its original understanding at the time of ratification
  • Living Constitution view interprets the Constitution as evolving with changing times and social norms
• Supreme Court decisions set precedents that lower courts must follow and guide the application of the Constitution and laws
  • Significant precedents include Brown v. Board of Education (school desegregation), Roe v. Wade (abortion rights), and Obergefell v. Hodges (same-sex marriage)
  • Supreme Court can overturn its own precedents, as seen in recent cases like Dobbs v. Jackson (overturning Roe)