What is the separation of powers under the U.S Constitution?

1 Answer
Oct 23, 2017
  • The Legislative Branch Writes the Laws and Passes the Budgets. (The President can veto these laws and Congress can try to override them.)
  • The Executive Branch enforces the laws and can override laws by veto passed by Congress
  • The Judicial Branch can rule whether the laws passed by Congress and signed by the President and the way they are executed are legal under the Constitution and they way they are enforced.

Explanation:

The US Federal Government is set up into three branches of government.

The Legislative Branch as covered by Article 1 of the United States Constitution.

The Executive Branch as covered by Article II of the United States Constitution.

The Judicial Branch as covered by Article III of the United States Constitution.

As documented in Section 8 of Article I, the Legislative Branch is responsible for to "lay and collect Taxes", "provide for the common Defence", "To borrow Money", "To regulate Commerce with foreign Nations", "To establish an uniform Rule of Naturalization", "To coin Money", "To establish Post Offices and post Roads", "To promote the Progress of Science and useful Arts", "To constitute Tribunals inferior to the supreme Court", "To declare War", "To raise and support Armies", "To provide and maintain a Navy", and the final item - "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." The Congress can override vetoes by the President of the United States of laws they passed.

Basically, to write the laws and fund the programs of the Federal Government.

Section 2 and 3 of Article II of the Constitution states the powers of the Executive branch or the President: Section 2: "The President shall be Commander in Chief of the Army and Navy of the United States", "He shall have Power, by and with the Advice and Consent of the Senate*, to make Treaties", "he shall nominate, and by and with the Advice and Consent of the Senate**, shall appoint Judges of the supreme Court, and all other Officers of the United States", and the final item - "he shall take Care that the Laws be faithfully executed". He may also veto laws passed by both house of the United State Congress.

Basically, the President is responsible for executing the laws which have been passed and for running the country's military.

In Article III the power of the Supreme Court or Judicial Branch of the Federal Government states: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made

Basically, to determine if the Laws passed by Congress and how they are executed by the United States are legal and equal or fair.

So:
- The Legislative Branch Writes the Laws and Passes the Budgets. (The President can veto these laws and Congress can try to override them.)
- The Executive Branch enforces the laws and can override laws passed by Congress
- The Judicial Branch can rule whether the laws passed by Congress and signed by the President and the way the are executes are legal under the Constitution and they way they are enforced.