Separation of Powers

The US Constitution delineates three federal legs of government: Legislative, Judicial, Executive. The first leg makes the laws. The second leg adjudicates the legality of the law per the constitution. The third leg implements the law.


The three branches of government do not work in reverse. Government authority does not begin with the executive branch, nor the judicial branch. It begins with Congress, a bicameral construct with the House of Representatives and the Senate.


The House is the largest for depth of representation of the people. The reps are short termed; they serve for 2 years and are up for election every 2 years. This makes accountability swift; don’t like the representation? Elect a replacement every 2 years. Congress controls the purse and legislative process. All laws begin in the House. The Senate ratifies legislation. Or not. A check on the House is thus provided.


The Senate is comprised of 100 senators, two from each of the 50 states. Senators are elected for 6-year terms. Their longer tenure provides a stable context for Senate work. They are in charge of longer term issues, Foreign Affairs for example. Budget matters are controlled by the House so the Senate is checked by that authority.


The Judicial Branch is independent. Each justice on the Supreme Court is appointed for life by the President and confirmed by the Senate. Check and balance. The federal court system branches down from the Supreme Court. Delegated authority at lower courts is provided. Decisions are appealable upwards until the matter is settled. The final authority on appeal is the Supreme Court. Check and balance again.


The Executive Branch does not make law. It makes policy, that is, the finer details on processing the work entailed in implementing the law. Should policy run counter to the intent of Congress, the Supreme Court rules on such matters. Check and Balance. The Executive Branch implements laws via a large number of federal departments – Commerce, Defense, Health and Human Services, etc. Professional employees are hired, trained and supervised in doing the work of the departments. Each department is headed by a Secretary appointed by the President and confirmed by the Senate. Check and balance.


Supervision of the overall workings of the departments is provided by oversight committees of Congress, both the House and the Senate. Check and Balance. If things are not working well – results are not as hoped or wildly off the tracks – legislative corrections are engineered whether the Executive Branch likes it or not. Check and balance.


Usurping the powers and authority of one branch by another is cause for fireworks. The checks and balances approach of the US Constitution is guarded by each branch. Well it should be.


The current occupant of the presidency is running off the rails. He is asserting authority he does not have. Time for Congress and the Judiciary to stand up for the Constitution.


Will they?


May 1, 2019