What is the Separation of Powers?

The Constitution divides the US Government into the following three separate-but-equal branches.

• Legislative Branch (Article I) House of Representatives and Senate (collectively, Congress)
• Executive Branch (Article II) President
• Judicial Branch (Article III) US Supreme Court

What are Checks and Balances?

The government is structured as a checks-and-balance system whereby each branch independently checks the authority of the other branches. 

This system prevents any branch from becoming too powerful and eroding the rights of citizens. 

Below is a brief description of how each branch checks the authority of the other branches.

What is the Power of the Executive Branch to check the Power of other Branches?

The executive branch is controlled by the President of the United States. 

• Veto legislation
• Selectively carry out laws
• Appoint Judges
• Pardoning Power

This branch checks Congress's authority through the power to veto (strike down) legislation. 

When Congress presents the President with an approved bill to sign into law, the President can sign it, not sign it, or veto it. 

Signing it or failing to sign it will result in the bill becoming law. Vetoing the law strikes it down. 

Congress can only override a veto with a two-thirds (2/3) majority vote of both the House and Senate. 

The President, in turn, may selectively enforce laws that are within the executive branch's regulatory authority. 

Selective enforcement has the effect of reducing the impact of a law passed by the legislative branch. 

Lastly, the executive branch checks the judicial branch by nominating members to the federal judiciary and through the power to pardon those convicted under certain criminal statutes.

What is the Power of the Judicial Branch to check the Power of other Branches?

The judicial branch checks the legislative branch in the following ways:

• Review legislation for Constitutionality
• Review Executive Action for Constitutionality
• Interpret legislation as it applies to specific contexts.

The first major check is by reviewing laws for constitutionality. 

Any law is subject to challenge on the grounds that it violates rights ensured under the US Constitution. 

The judicial branch also checks all executive orders or actions for constitutionality. 

In either case, it has the ability to overturn unconstitutional laws and executive orders or actions. 

Further, the court can limit the scope of a law by narrowly or broadly interpreting it in a manner that does not infringe upon constitutional rights. 

What is the Power of the Legislative Branch to check the Power of other Branches?

The legislative branch of government passes laws that guide the executive branch in the execution of the law. Congress must approve the executive branch's budget and certain presidential appointments to high-level administrative positions. The US House of Representatives retains the authority to impeach (bring charges against) the President for misconduct committed while in office. Further, the US Senate has the authority to determine the merits of the impeachment and render judgment. Congress checks the power of the judiciary by passing laws that supersede or replace the existing common law developed by the judiciary. Lastly, Congress must approve the Presidents nomination of an individual for appointment to federal judicial positions, including the US Supreme Court.

Related Concepts

• Executive Branch
• Legislative Branch
• Judicial Branch
• Limitations: 
• Emolument Clause
• What is Federalism?
• Commonwealth
• What is the Supremacy Clause and Preemption?
• What is the Full Faith & Credit Clause?
• What is the Privileges and Immunities Clause?
• What is the Contract Clause?