The Branches of Government
Alicia Sanders
University of Phoenix
His 301 The Branches of Government Ever wonder how our government works? The government was divided into three branches: the legislative, executive, and judicial. What were the reasons our forefathers divided the government into these branches? Each branch works together as a whole by a system of checks and balances in order for the government to be run properly and no one branch ends up having the power. How are the three branches of U.S. Government supposed to interact? Are the branches balanced in power? Why or why not? This paper will discuss these reasons.
The three branches of government
Legislative
The legislative …show more content…
In Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of Supreme Court Justices is left to Congress (OUR GOVERNMENT • THE JUDICIAL BRANCH, ¶1, ¶2). Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court — once the Supreme Court interprets a law, inferior courts must apply the Supreme Court's interpretation to the facts of a particular case (¶6). Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers. The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime. These …show more content…
In doing so a system of checks and balances was formed for all three branches to work together. The following explanation of checks and balances will help get an understanding of the system and will show that the branches are balanced in power and are needed in order for the government to function.
What are Checks and Balances?
Explanation of Checks and Balances Checks and Balances were formed by the government which is also known as separation of powers. The purpose of Checks and Balances is to distribute power, and make sure that the government does not become autocratic. This system was devised so that one branch would not have the ultimate power over the other and each branch performs most effectively when in the best interest of the nation. Each branch influences the other and this allows the separation of powers to protect the democratic process. The Checks and balances system distributes power. Many other governments have followed suit of the United States and incorporated a system of Checks and Balances into their government in order to maintain the integrity of their leaders (Smith, ¶1, 2,