Click image to open full size
Separation of Powers
Why Government Power Is Divided
Related Labs
Related Worksheets
Related Cheat Sheets
The separation of powers is a basic principle of the United States government. The Constitution divides federal power among the legislative, executive, and judicial branches so that no single part of government becomes too powerful. This structure helps protect liberty, limit abuse of power, and make government decisions more accountable. It is one of the main ways the Constitution turns political theory into a working system.
Each branch has its own main job, but the branches also interact through checks and balances. Congress makes laws, the president carries out laws, and the courts interpret laws and decide whether government actions follow the Constitution. At the same time, each branch can limit the others in specific ways, such as vetoes, judicial review, and Senate confirmation. This balance creates cooperation, conflict, and stability within the federal system.
Key Facts
- Legislative branch: Congress makes federal laws.
- Executive branch: the president enforces federal laws.
- Judicial branch: federal courts interpret laws and the Constitution.
- A bill becomes law only after passing both houses of Congress and being signed by the president, or after a veto override.
- Veto override rule: 2/3 of the House + 2/3 of the Senate = bill becomes law without presidential approval.
- Senate conviction in impeachment trials requires a 2/3 vote.
Vocabulary
- Separation of powers
- The division of government authority among different branches so that power is not concentrated in one place.
- Checks and balances
- A system in which each branch of government has powers that can limit the actions of the other branches.
- Legislative branch
- The branch of government, led by Congress, that writes and passes laws.
- Executive branch
- The branch of government, led by the president, that carries out and enforces laws.
- Judicial branch
- The branch of government, led by the federal courts, that interprets laws and decides constitutional disputes.
Common Mistakes to Avoid
- Thinking the president makes laws, which is wrong because the legislative branch writes and passes laws while the president mainly signs, vetoes, and enforces them.
- Assuming the Supreme Court can create policy like Congress, which is wrong because courts interpret laws and rulings rather than pass legislation.
- Believing the branches are completely independent, which is wrong because the Constitution connects them through checks such as vetoes, confirmations, impeachment, and judicial review.
- Confusing separation of powers with federalism, which is wrong because separation of powers divides authority among branches of the national government while federalism divides power between national and state governments.
Practice Questions
- 1 A bill passes the House and the Senate, but the president vetoes it. If 290 of 435 House members and 67 of 100 senators vote to override, does the bill become law?
- 2 The Senate has 100 members. How many senators are needed for a 2/3 vote to convict in an impeachment trial?
- 3 Explain how judicial review acts as a check on the legislative and executive branches.