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    Home  >  Explore the Constitution  >  Basic Governing Principles  > Separation of Powers and a System of Checks and Balances

    Separation of Powers and a System of Checks and Balances

    Learn more about Separation of Powers and Checks and Balances in the Interactive Constitution.

    Anchored by the first three articles of the Constitution, Congress (legislative), the presidency (executive) and the judiciary (judicial) make up our three branches of government.

    By distributing the essential business of government among three separate but interdependent branches, the Constitutional Framers ensured that the principal powers of the government, legislative, executive and judicial, were not concentrated in the hands of any single branch. Allocating governmental authority among three separate branches also prevented the formation of too strong a national government capable of overpowering the individual state governments. The Separation of Powers, by which the executive, legislative, and judicial branches are to be independent and not infringe upon each other's rights and duties, is one of the basic doctrines in the US Constitution.

    Nevertheless, governmental powers and responsibilities intentionally overlap. For example, congressional authority to enact laws can be checked by an executive veto, which in turn can be overridden by a two-thirds majority vote in both houses; the President serves as commander-in-chief, but only the Congress has the authority to raise and support an army, and to declare war; the President has the power to appoint all federal judges, ambassadors, and other high government officials, but all appointments must be affirmed by the Senate; and the Supreme Court has final authority to strike down both legislative and presidential acts as unconstitutional. This balancing of power is intended to ensure that no one branch grows too powerful and dominates the national government.

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