Three Co-Equal Branches of Government?



the Constitution of the United States divides the federal government into three separate branches the legislative the executive and the judicial branch the legislative branch contains the Congress of the United States which is divided into two chambers which is called a bicameral Congress the executive branch contains the President of the United States along with the vice president and the judicial branch contains the Supreme Court along with the inferior courts the founding fathers of the United States gave each of the three branches the government specific and unique enumerated powers the legislative branch of the federal government had the power to lay and collect taxes use of the public treasury establish inferior courts the power of impeachment and provide for the general welfare and the common defense of the nation the executive branch of the United States is vested in a president the president is the commander-in-chief of the United States and military is in charge of making treaties with foreign nations with the advice and consent of the Senate appointing all civil officers of the United States which includes executive department heads and Supreme Court judges also with the advice and consent of Senate and executing all laws that are passed by Congress the United States Constitution then creates a third branch the judicial branch which is vested in the United States Supreme Court the US Supreme Court has jurisdiction over all federal laws passed by the US Congress treaties made by the executive branch all trials involving public ministers maritime jurisdiction all trials where the United States is a party and controversies involving two or more states this concept of three separate branches is called the separation of powers originally derived from Baron charles de Montesquieu's spirit of the laws it is a common assumption today that these branches are what you call co-equal branches that is each branch is not more powerful than the other it is true that these branches do have the ability to check each other but it is not true that each branch holds the same amount of power in fact there is a strongest middle and weakest branch a basic look at the Constitution in a look at the federalist papers will reveal the strongest middle and weakest branches without a doubt the strongest of the three branches is the legislative branch in the Constitution the founding fathers devoted nearly 50% of the entire Constitution to article 1 which contains everything about legislative branch an article 1 section 8 alone the Congress has given 17 enumerated powers these powers do not include enumerated powers granted to them elsewhere in the Constitution like the powers of impeachment and the powers over inferior courts the Congress of the United States was given this strong Authority because it is the branch of government that is closest to the people now this does not mean that the Congress has unlimited Authority the Congress is a body of specific enumerated powers and there's 8 clauses in article 1 section 9 completely devoted to the limitations on Congress the executive branch of the United States is the second strongest branch the head of the executive branch is of course the president of the United States the founding fathers were very careful about not to put too much power into the hands of one man as they experienced that tyranny over the American Revolution with the king of Great Britain this problem is expressed in Federalist number 69 by Alexander Hamilton explains that the president's power can be checked out of the United States Congress for instance the President of the United States may veto any bills passed by Congress but Congress has the authority to override the presidential veto by authority of two-thirds of both houses of Congress the president the United States is given command over the Armed Forces of the United States but the power of creating regulating and financing the Armed Forces is exclusively given to Congress not the present in any treaty signed by the President or any presidential appointments of civil officers ambassadors public ministers or judges by the President must be approved by a two-thirds majority of the United States Senate now these are just a few of the powers and president that can be checked by the United States Congress now this doesn't mean that the president is powerless the greatest power in the Union is given to the President of the United States the commander in chief of our armed forces he is also the head executive of the executive branch the third final and weakest branch of the United States federal government is the judicial branch out of the first three articles of the United States Constitution containing the legislative executive and judicial branches article three containing the judicial branch is by far the shortest and smallest of the three articles containing very few enumerated powers given to the judicial branch this was purposely done by the founding fathers because the judicial branch is the branch of government that is the farthest away from the people Alexander Hamilton in Federalist number 78 explains all this very thoroughly he states whoever attentively considers the different departments of power must perceive that the government in which they are separated from each other the judiciary from the nature of its functions will always be the least dangerous to the political rights of Constitution because it will be least in a capacity to annoy or injure them the executive not only dispenses the honors but holds the sword of the community the legislature not only commands the purse but prescribes the rules by which the duties and rights of every citizen are to be regulated the judiciary on the contrary has no influence over Edith's sword for the purse no direction either of the strength or the wealth of the society and can take no active resolution whatever it may truly be said to have neither force nor will but merely judgment and must ultimately depend upon the aid of the executive arm even for the efficacy of dis judgments he continues on to say the simple view of the matter suggests several important consequences it proves incontestably that the judiciary is beyond comparison the weakest of the three departments of power that it can never attack with the success either of the other two and that all possible care is requisite to enable it to defend itself against their attacks the Congress of the United States it's even given significant authority over what's called inferior courts that is the Court of Appeals in the federal district courts the Congress of the United States can create and dismantle these courts as it wheezes and can control the jurisdiction of the courts the power to impeach judges when they exhibit bad behavior is also given to the United States Congress the President of the United States is also giving power over the judiciary branch the president is the one charged with the Poynting federal judges to the bench and not anybody in the judiciary now this does not mean that the federal judiciary is completely powerless it is charged with enforcing and interpreting the federal laws of the United States but any ruling by the federal judiciary can ultimately be ignored by the executive and legislative branches as Hamilton explained in Federalist 78 the courts have no way of enforcing its rulings on the other two branches and subsequently don't have to follow them in conclusion the United States Constitution creates the legislative the executive and judicial branches three separate branches of government each having specific enumerated powers each of the branches do have the ability to check each other but some branches have more power than others and therefore are not co-equal branches the most authority is given to the legislative branch the legislative branch has the ability to check both the executive and judicial branches the least authority however is given to the judicial branch while can theoretically check the other two branches does not have the ability to force the other two branches to follow its rules you you

Maurice Vega

43 Responses

  1. So congress doesn't have to listen to the judicial branch which is the Supreme Court. Makes sense. Someone needs to ratify that.

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  3. FFS the music! Turn that hillbilly no copyright trash down.. I can't hear a word you're saying. made it in a quarter of the way, then disliked and closed out the video.

  4. If the Judicial branch has such low powers, why does it have the power to declare a law made by Congress or the President unconstitutional?

  5. music is to louuuddd you need to go to the loud house on nick
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  6. They Gave Me🤔:
    I Am Really 😉:
    I Turn😏:
    When?🤔:
    Comment " " And I Will Tell You How Old You Look ( Don't Get Mad ) Yeah I talked to him earlier he's coming by in the morning. I'm just so sad it hurts how sad I am. I've been crying all evening with jaz try in to cheer me up lol my mom just blows my mind the way she just treated me. I just want to go to sleep and I'm so sick i literally have one dollar to my name aric is hard to understand I said I don't care if it's a five or anything he said yes just have to wait for g. I'm like uh OK lol this whole family is difficult , I'm thinking about just showing up at my house for real
    Can you please bring me a coat and as many blankets or anything that you can please. If u can find gloves and please I need my phone the Obama phone. I'm really extremely sick so I can't stay here much. If u stand on her front porch facing the street, the woods to the right is where I've been. I seen her and skip leave so I ran over here to use a tablet. They have been fighting a lot so her mom is saying she is evicting everyone just so he'll leave because he's refusing. But she won't let the kids see how sick I am which is why I haven't been in the house much but I have no coat. The sub they gave me made me so sick I was throwing up non stop until this morning. Carissa had already came and walked out by time I went back on Saturday and every single person I was in with the first time besides one had walked out. Miserable. Please I so thirsty need a phone coat and blankets to be outside I'm sick as a dog have nowhere else to go. Love you . Please bring my coat I can't be outside this much with no coat or phone no energy to walk can barely stand please Can you please bring me a coat and as many blankets or anything that you can please. If u can find gloves and please I need my phone the Obama phone. I'm really extremely sick so I can't stay here much. If u stand on her front porch facing the street, the woods to the right is where I've been. I seen her and skip leave so I ran over here to use a tablet. They have been fighting a lot so her mom is saying she is evicting everyone just so he'll leave because he's refusing. But she won't let the kids see how sick I am which is why I haven't been in the house much but I have no coat. The sub they gave me made me so sick I was throwing up non stop until this morning. Carissa had already came and walked out by time I went back on Saturday and every single person I was in with the first time besides one had walked out. Miserable. Please I so thirsty need a phone coat and blankets to be outside I'm sick as a dog have nowhere else to go. Love you . Please bring my coat I can't be outside this much with no coat or phone no energy to walk can barely stand please They Gave Me🤔:
    I Am Really 😉:
    I Turn😏:
    When?🤔:
    Comment " " And I Will Tell You How Old You Look ( Don't Get Mad ) They Gave Me🤔:
    I Am Really 😉:
    I Turn😏:
    When?🤔:
    Comment " " And I Will Tell You How Old You Look ( Don't Get Mad ) Can you please bring me a coat and as many blankets or anything that you can please. If u can find gloves and please I need my phone the Obama phone. I'm really extremely sick so I can't stay here much. If u stand on her front porch facing the street, the woods to the right is where I've been. I seen her and skip leave so I ran over here to use a tablet. They have been fighting a lot so her mom is saying she is evicting everyone just so he'll leave because he's refusing. But she won't let the kids see how sick I am which is why I haven't been in the house much but I have no coat. The sub they gave me made me so sick I was throwing up non stop until this morning. Carissa had already came and walked out by time I went back on Saturday and every single person I was in with the first time besides one had walked out. Miserable. Please I so thirsty need a phone coat and blankets to be outside I'm sick as a dog have nowhere else to go. Love you . Please bring my coat I can't be outside this much with no coat or phone no energy to walk can barely stand please Yeah I talked to him earlier he's coming by in the morning. I'm just so sad it hurts how sad I am. I've been crying all evening with jaz try in to cheer me up lol my mom just blows my mind the way she just treated me. I just want to go to sleep and I'm so sick i literally have one dollar to my name aric is hard to understand I said I don't care if it's a five or anything he said yes just have to wait for g. I'm like uh OK lol this whole family is difficult , I'm thinking about just showing up at my house for real
    Can you please bring me a coat and as many blankets or anything that you can please. If u can find gloves and please I need my phone the Obama phone. I'm really extremely sick so I can't stay here much. If u stand on her front porch facing the street, the woods to the right is where I've been. I seen her and skip leave so I ran over here to use a tablet. They have been fighting a lot so her mom is saying she is evicting everyone just so he'll leave because he's refusing. But she won't let the kids see how sick I am which is why I haven't been in the house much but I have no coat. The sub they gave me made me so sick I was throwing up non stop until this morning. Carissa had already came and walked out by time I went back on Saturday and every single person I was in with the first time besides one had walked out. Miserable. Please I so thirsty need a phone coat and blankets to be outside I'm sick as a dog have nowhere else to go. Love you . Please bring my coat I can't be outside this much with no coat or phone no energy to walk can barely stand please They Gave Me🤔:
    I Am Really 😉:
    I Turn😏:
    When?🤔:
    Comment " " And I Will Tell You How Old You Look ( Don't Get Mad )

  7. You are correct that in the Constitution the order of power of the three branches descends from Legislative> Executive> Judiciary. However in modern times the Legislative is far weaker in comparison to what was originally intended and the Executive and Judiciary branches are far stronger since at least FDR and probably before that maybe since Lincoln.

  8. The United States Constitution in fact does not allow for the Judicial branch of Government. The existence of the supreme court is actually unconstitutional. Even if i personally agree with the necessity of the SCOTUS.

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