How are legislative, executive, and judicial powers divided in the United States?

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The United States government operates under a system of separation of powers that divides authority among three distinct branches to prevent the concentration of power and ensure that no single group acts as a judge in its own cause.12

The Three Branches

  • Legislative Branch: Article I vests all legislative power in Congress, which consists of the House of Representatives and the Senate. Congress is responsible for creating laws, levying taxes, regulating interstate commerce, and declaring war.34
  • Executive Branch: Article II vests executive power in the presidency. The president serves as commander in chief, negotiates treaties, and oversees the execution of laws.35
  • Judicial Branch: Article III places judicial power in the courts. The Supreme Court serves as the final interpreter of the Constitution and holds the power of judicial review, allowing it to void laws deemed unconstitutional.36

Checks and Balances

To ensure these branches remain coequal, the Constitution employs a system of checks and balances. For example, the president can veto legislation, while Congress can override that veto with a two-thirds vote. The Senate must provide "advice and consent" for presidential appointments and treaties. Furthermore, Congress can impeach officials, and the judiciary can rule on the constitutionality of actions taken by the other branches.31