American Structure: Making our Country Tick with the Three Branches of Government

September 11, 2022

Jessica Sapp

 

The American structure of government is shaped into three branches of government –the Legislative Branch, Executive Branch, and the Judicial Branch. This idea was from Baron Montesquieu and was developed in 1787 by the Founding Fathers, also known as the framers, of the constitution and written into the United States Constitution with the purpose of ensuring a just and fair system. Montesquieu had the original idea and strongly believed in the separation of powers and having a system of checks and balances. It was also structured as such so that one branch would not become too powerful. Each branch has certain roles, controls and responsibilities but also intertwines to work together. Ultimately, this provides and system of what is called checks and balances.

The Legislative Branch was written into Article I of the constitution and is made up of the United States Congress, “congress”. Congress is made up of members, senators and representatives, from each state who are elected by the people. Each state gets two senators but the number of representatives from each state is dependent upon the population of the state. Congress is responsible for proposing legislation, also known as a bill, and carrying that through different committees and ultimately through both chambers. Both the senate and the house must agree on the final language before the next step. This is one example of a check and balance system within a single branch of government as both sides, by majority, must agree to the final language.

The Executive Branch is written into Article II of the constitution and outlines the president’s authority. It also includes the vice president and the Cabinet as well as various executive departments and federal agencies. The president and vice president are elected every four years through the electoral college system. Passing legislation is a check and balance example. Once congress has approved final bill language, it is delivered to the president for action. The president has 10 days to sign the bill into law or veto the bill. If no action is taken, the bill automatically becomes law. If the bill is vetoed, it goes back to congress who can override the veto with a two-thirds vote.

Article III of the constitution describes the Judicial Branch, which includes the most commonly known, the United States Supreme Court. The supreme court’s responsibility is to resolve lawsuits, particularly those that may be deemed unconstitutional, by providing opinions on how a law is interpreted with a particular set of circumstances. Supreme Court Justices are nominated by the president and confirmed by the Senate. A judge holds their seat until they resign or pass away. They can also be removed through an impeachment process if necessary.

This structure of government has been in place for over two hundred years. In my opinion, it has worked well for our country because each branch has internal and external checks and balances. Not one particular branch holds the sole power and decisions are made more on a global level. This structure requires great analysis which allows for better outcomes as decisions are being made. This structure creates the separation of power and doesn’t allow for a dictatorship, where one individual, such as the president, is make public policy or decisions. While I believe a thorough analysis process is most always successful when making or amending laws or making other decisions that effect the citizens of our country, this structure can seem like it slows down the process. Some people may even refer some public policy decisions as going through bureaucratic red tape. However, this negative doesn’t necessarily outweigh the other positives of this structure because then we would not have a check and balance system in place. An example of how this structure works in a positive way is when former president Donald Trump attempted to terminate the Deferred Action for Childhood Arrivals (DACA). Terminating this program would have potentially deported child immigrants back to their country. However, this was overturned by the United States Supreme Court as they determined it violated the Administrative Procedures Act.

This structure prevents abuse of power by one person or entity and ultimately safeguards our freedom as citizens of the United States.