Social Studies Mini Lesson - Separation of Power
High School American Government - Three Branches of Government
Separation of Power
The separation of powers is a cornerstone of the United States government, designed to prevent any one branch — executive, legislative, or judicial — from becoming too powerful. By dividing authority, it ensures a system of checks and balances where each branch can limit the actions of the others. This structure protects individual freedoms, upholds the rule of law, and keeps government accountable to the people it serves.
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Table of Contents:
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Three Branches of Government
The Constitution, while allowing the federal government great power, ensures there is a separation of powers among the three branches of the federal government.
Legislative Branch: makes the laws
Executive Branch: enforces the laws
Judicial Branch: interprets the laws
Legislative Branch
Congress
Senate
House of Representatives
Executive Branch
President
Judicial Branch
Supreme Court
9 Justices
Legislative Branch
Enacts legislation
Confirms or rejects Presidential appointments
Has the authority to declare war.
Includes Congress: Senate and House of Representatives
Senate – There are two elected Senators per state, totaling 100 Senators. A Senate term is six years and there is no limit to the number of terms an individual can serve.
House of Representatives – There are 435 elected Representatives, which are divided among the 50 states in proportion to their total population. There are additional non-voting delegates who represent the District of Columbia and the territories. A Representative serves a two-year term, and there is no limit to the number of terms an individual can serve.
Executive Branch
Carries out and enforces laws
Key roles of the Executive Branch include:
President – The President leads the country. He/she is the head of state, leader of the federal government, and Commander in Chief of the United States Armed Forces. The President serves a four-year term and can be elected no more than two times.
Vice President – The Vice President supports the President. If the President is unable to serve, the Vice President becomes President. He/she can serve an unlimited number of four-year terms as Vice President.
The Cabinet – Cabinet members serve as advisors to the President. They include the Vice President and the heads of executive departments. Cabinet members are nominated by the President and must be approved by the Senate (with at least 51 votes).
Judicial Branch
Interprets the meaning of laws
Applies laws to individual cases
Decides if laws violate the Constitution
The Judicial Branch is comprised of the Supreme Court and other federal courts.
Supreme Court – The Supreme Court is the highest court in the United States. Currently, there are nine Justices. There is no fixed term for Justices. They serve until their death, retirement, or removal in exceptional circumstances.
Other federal courts – The Constitution grants Congress the authority to establish other federal courts.
What are some other federal courts?
U.S. Courts of Appeals (Circuit Courts)
13 in total (11 regional circuits, plus the D.C. Circuit and the Federal Circuit)
U.S. District Courts
94 total — the general trial courts of the federal system
U.S. Bankruptcy Courts
Specialized courts handling bankruptcy cases, attached to each U.S. District Court
U.S. Court of International Trade
Handles cases involving international trade and customs laws
U.S. Court of Federal Claims
Hears monetary claims against the U.S. government
U.S. Tax Court
Resolves disputes between taxpayers and the IRS over federal tax assessments
U.S. Court of Appeals for the Armed Forces
Reviews military justice cases from courts-martial
U.S. Court of Appeals for Veterans Claims
Reviews decisions made by the Board of Veterans’ Appeals
Foreign Intelligence Surveillance Court (FISC)
Handles requests for surveillance warrants against foreign spies inside the U.S.
Foreign Intelligence Surveillance Court of Review (FISCR)
Reviews decisions made by the FISC
How does our system of checks and balances help protect our rights?
Congress may pass laws........but the President can veto them.
The President can veto laws.......but Congress can override the veto with a 2/3 vote.
The President and Congress may agree on a law..........but the Supreme Court can declare a law unconstitutional.
The President can appoint Judges and other government officials.......but Senate must approve them.
Supreme Court judges have life terms.......but they can be impeached.
What is impeachment?
Impeachment is the process by which a legislative body formally levels charges against a high official of government.
Has a Justice ever been impeached?
Yes. Samuel Chase
Chase's defense lawyers called the prosecution a political effort by his Republican enemies. ... The Senate voted to acquit Chase of all charges on March 1, 1805. He is the only U.S. Supreme Court justice to have been impeached.
He was impeached on grounds of letting his partisan leanings affect his court decisions, but was acquitted by the Senate and remained in office.
Bonus Fact! Did you know that he signed the Declaration of Independence?
Specific examples of these checks and balances:
There are many ways that the Constitution balances power. Real life conflicts that test the system have occurred throughout history. These checks and balances are used on a regular basis.
After the Civil War, President Andrew Johnson vetoed over 20 bills.
After the Civil War, Congress overrode more than 20 Presidential vetoes!
In 1987, President Ronald Reagan appointed Judge Robert Bork to the Supreme Court; his nomination was defeated.
In 1935 and 1936, the Supreme Court declared the NIRA and then the AAA (two New Deal programs passed during the Roosevelt administration) unconstitutional.
In 1918, Congress refused to ratify the Treaty of Versailles, a peace treaty ending World War I that President Wilson had worked very hard on.
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Practice Work
Name the three branches of government in the United States.
