In the United States, the government is designed to ensure that no single branch oversteps its authority or unilaterally undermines the rights of the American people. This system is called "checks and balances."
The three co-equal branches of government — legislative, executive and judicial — have distinct roles to play in ensuring each branch does not abuse its authority.
The Constitution outlines powers and responsibilities for each branch, as well as ways each can limit the powers of the other.
The Legislative Branch (Congress)
Article I of the Constitution establishes Congress’ powers.
Congress writes and passes laws, including laws dictating how taxpayer dollars are spent. Congress also has the power to declare war.
This legislative body is divided into two parts: the Senate and the House of Representatives. For a bill to become law, it must pass both the House and the Senate and be signed by the president.
Congress can pass laws, but the president has the power to veto (reject) them. However, Congress can override a veto with a two-thirds vote in both the Senate and the House.
Congress also has the power of oversight, which includes the ability to hold hearings, serve subpoenas and launch investigations. In addition, the House of Representatives has the power to impeach the president and the Senate has the power to convict an impeached president.
The Executive Branch (The President)
Article II of the Constitution establishes the president’s powers.
The president enforces laws and oversees the military. The president can veto laws passed by Congress and appoint Cabinet members, federal judges, senior military officials and ambassadors. Nominees appointed by the president must be approved by the Senate.
The president can issue executive orders, but an executive order must be rooted in one of the president’s powers in the Constitution or in a law passed by Congress.
The Judicial Branch (The Courts)
Article III of the Constitution establishes federal courts’ powers.
The courts interpret laws. Courts can declare laws or executive actions unconstitutional or unlawful, which is a critical check on the power of the president and Congress.
This power of having “the final say” is called judicial review. Federal judges, including U.S. Supreme Court justices, are appointed by the president and must be confirmed by the Senate. These are lifetime appointments, but judges are subject to impeachment and removal by Congress.
If a citizen or group thinks a certain policy violates the law or Constitution, they can go to the courts. Courts follow rigorous procedures designed to ensure both sides of a dispute have a fair opportunity to make their case and go through the appeals process.
Oftentimes, it can take months or even years to resolve a dispute. Although this process may take a long time, it is crucial to ensure our system is fair.
Upholding the Separation of Powers
Checks and balances are essential to maintaining our system of government and upholding the separation of powers. All branches must respect the rule of law and not overstep their authority.