Which branch of power is represented by the Government?

It took four long months of debate for the framers to create the Constitution. As the framers worked, different plans and suggestions were made.

The states with smaller populations supported the New Jersey Plan which sought equal representation among all states, and which added an executive and judicial branch, while giving the government power to tax and regulate trade. The larger states sought to have representation in the new government based on population. They created the Virginia Plan, which did this, and which not only created three branches of government, but also gave the government much more power than under the Articles.

The result of all this debate was the Great Compromise, which resulted in the Constitution we know today. It solved the representation squabble by creating a bicameral legislature, called Congress, in which the lower house (called the House of Representatives) had representation based on population, and an upper house (called the Senate) had equal representation by states (2 Senators representing each state).

An executive branch was created, headed by a President to be elected by the people (and an electoral college).

A judicial branch was also added, with one Supreme Court, whose members were to be chosen by the chief executive and confirmed by the Senate.

The new government was given the right to tax, to regulate trade and make national laws. It was much more powerful than the national government had been under the Articles of Confederation. The framers finished their work on the Constitution in September of 1787.

There are three sections, or branches, of the U.S. government. Find out what they are and how they work together through the system known as checks and balances.

Executive branch

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The Resolute Desk in the Oval Office of the White House in Washington, D.C.

Photograph by SAUL LOEB / AFP via Getty Images

The president is the head of the executive branch and the country. He or she is responsible for signing and enforcing laws passed by Congress. This branch also includes the vice president and the president’s group of advisors, known as the Cabinet.

Powers of the president

—Makes treaties (that must be approved by the Senate)

—Appoints judges and ambassadors (who must be approved by the Senate)

—Calls Congress into session during “extraordinary occasions”

—Enforces laws

—Vetoes bills

—Supports legislation

—Issues executive orders, rules that don’t need Congress’s approval

—Grants pardons to federal offenders

legislative branch

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Photograph by Tim Graham / Getty Images

The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress. This branch has the power to “check,” or limit, the president’s power. The law-creation system in the United States, in which members are voted in by the people. Congress writes and revises bills to send to the president to sign into laws. If the president vetoes one, they can override the veto if two-thirds of the representatives disagree with the president and make the bill into a law.

Powers of Congress

—Creates bills that can be voted into laws

—Overrides the president’s vetoes with a two-thirds majority

—Confirms or rejects the president’s appointments

—Confirms or rejects the president’s treaties

—Declares war

—Impeaches the president

judicial branch

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Exterior of the Supreme Court

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The court system in the United States is known as the judicial branch. The Supreme Court is the highest court in this system.

Powers of the Supreme Court

— Decides if the laws passed by Congress or executive orders signed by the president are constitutional and legal

—Declares acts from the president and Congress “unconstitutional”

—Hears cases whose rulings in lower courts have been challenged

From the Nat Geo Kids book Weird But True Know-It-All: U.S. Presidents by Brianna Dumont, revised for digital by Laura Goertzel

How the Supreme Court Works

The Supreme Court is:

  • The highest court in the country
  • Located in Washington, DC
  • The head of the judicial branch of the federal government
  • Responsible for deciding whether laws violate the Constitution
  • In session from early October until late June or early July

How a Case Gets to the Supreme Court

Most cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law.

Rarely, the Court hears a new case, such as one between states.

  1. Dissatisfied parties petition the Court for review
    Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.

  2. Justices study documents
    The Justices examine the petition and supporting materials.

  3. Justices vote
    Four Justices must vote in favor for a case to be granted review.

What Happens Once a Case is Selected for Review?

  1. Parties make arguments
    The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.

  2. Justices write opinions
    The Justices vote on the case and write their opinions.

    The majority opinion shared by more than half of the Justices becomes the Court’s decision.

    Justices who disagree with the majority opinion write dissenting or minority opinions.

  3. The Court issues its decision
    Justices may change their vote after reading first drafts of the opinions. Once the opinions are completed and all of the Justices have cast a final vote, the Court “hands down” its decision.

    All cases are heard and decided before summer recess. It can take up to nine months to announce a decision.

Every year:

The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument.

About the Justices:

There are nine Justices:

  • A Chief Justice, who sits in the middle and is the head of the judicial branch.
  • Eight Associate Justices

When a new Justice is needed:

  • The President nominates a candidate, usually a federal judge.
  • The Senate votes to confirm the nominee.
  • The Court can continue deciding cases with less than nine Justices, but if there is a tie, the lower court’s decision stands.

Justices are appointed for life, though they may resign or retire.

  • They serve an average of 16 years.

What branch has the most power in the government?

In conclusion, The Legislative Branch is the most powerful branch of the United States government not only because of the powers given to them by the Constitution, but also the implied powers that Congress has. There is also Congress's ability to triumph over the Checks and balances that limits their power.

Which branch of government is also known as Congress?

Legislative Branch of the U.S. Government This branch includes Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress.

What are the three branches of government?

The Federal Government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the Federal courts, respectively.

What are the three branches of government and what does each branch do?

These branches are the legislative branch, which makes laws and takes the form of the United States Congress; the executive branch, which enforces the laws and consists of the president and people who report to the president; and the judicial branch, which evaluates laws and includes the Supreme Court and other courts.