Separation of Powers: How Checks and Balances Work

Separation of powers is a political system that aims to balance the power of governance among specialized branches of a federal government. In the United States, there are three main branches: the judicial branch, the legislative branch, and the executive branch. While each branch holds unique powers according to the government’s blueprint, they utilize these separated powers to achieve a common goal—upholding the United States Constitution—and to govern by the rule of law.

The key factor in a successful separation of powers is a system of checks and balances. Eighteenth-century French political philosopher Baron de Montesquieu wrote about the importance of these checks and balances in The Spirit of Laws (1748). Montesquieu argued that in this divided system of government, separate branches of government should possess fields of responsibility and political power to challenge the other branches. These internal conflicts between the branches would ensure that one branch could not obtain enough power to dominate the other branches or oppress the common citizenry.

James Madison, Alexander Hamilton, and the framers of the Federalist Papers (1778) used Montesquieu’s idea of division of powers to establish the parameters of their separated government. They illustrated this separated structure in Article I and Article II of the Constitution. These articles provided each branch with a responsibility, as well as guidelines for political nominations, impeachment proceedings, and the appropriation of funds. The framers’ goal was to develop a fair and just system of governance that would look very different from the government they had just defeated in the American Revolution.

Learn how the main branches of the federal government interact with each other to share the powers of government in the United States.

• Executive branch: The president of the United States leads the executive branch and is the commander-in-chief of the armed forces. The vice president, attorney general, advisory cabinet members, and select heads of government agencies assist the president, who has the power to declare a state of emergency or issue a presidential pardon to someone guilty of a crime. The president can also veto legislation from Congress, appoint judges to the US Supreme Court, and enact executive orders.
• Judicial branch: This branch of the government is responsible for judicial review. The Supreme Court is the most powerful judiciary body in the United States. It must review each law that the legislative branch has passed to decide if the law conforms to the US Constitution. Federal judges also review the actions and criminal inquiries of members of the executive and legislative branches. State governments have both state and federal court systems that decide on crimes or disputes in their respective jurisdictions.
• Legislative branch: This branch is responsible for lawmaking and limiting the executive power of the president and the judicial power of federal courts. The legislative branch is split into two groups—the House of Representatives and the Senate. These groups of elected officials share the legislative power to declare war, balance taxes and budgets, as well as overturn executive veto power (a veto by the president) with a two-thirds majority vote.

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