{"id":1188,"date":"2017-09-27T17:19:35","date_gmt":"2017-09-27T17:19:35","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/suny-fmcc-criminallaw\/?post_type=chapter&p=1188"},"modified":"2018-10-28T11:43:15","modified_gmt":"2018-10-28T11:43:15","slug":"2-2-the-branches-of-government","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-sccc-criminallaw\/chapter\/2-2-the-branches-of-government\/","title":{"raw":"2.2 The Branches of Government","rendered":"2.2 The Branches of Government"},"content":{"raw":"
\r\n

Learning Objectives<\/h3>\r\n
    \r\n \t
  1. Identify the three branches of government.<\/li>\r\n \t
  2. Ascertain the head of the federal and state legislative branches of government.<\/li>\r\n \t
  3. Compare the Senate and the House of Representatives.<\/li>\r\n \t
  4. Ascertain the head of the federal and state executive branches of government.<\/li>\r\n \t
  5. Ascertain the head of the federal and state judicial branches of government.<\/li>\r\n<\/ol>\r\n<\/div>\r\n

    The federal Constitution was written to ensure that government power is distributed and never concentrated in one or more areas. This philosophy is served by federalism<\/strong>, where the federal government shares power with the states. It is also further served by dividing the government into three branches<\/strong>, all responsible for different government duties and all checking and balancing<\/em> each other. The three branches of government are detailed in Articles I\u2013III of the federal Constitution and are the legislative branch<\/a><\/span>, the executive branch<\/a><\/span>, and the judicial branch<\/a><\/span><\/strong>. While the federal Constitution identifies only the federal branches of government, the principle of checks and balances applies to the states as well. Most states identify the three state branches of government in their state constitution.<\/p>\r\n

    Each branch of government has a distinct authority. When one branch encroaches on the duties of another, this is called a violation of separation of powers<\/a><\/span>. The courts<\/em> decide whether a government branch has overstepped its boundaries because courts interpret the Constitution, which describes each branch\u2019s sphere of influence. Thus the judicial branch, which consists of all the courts, retains the balance of power.<\/p>\r\n\r\n

    \r\n

    The Legislative Branch<\/h2>\r\n

    The legislative branch<\/strong> is responsible for creating statutory laws. Citizens of a state can vote for some state statutes by ballot, but the federal legislative branch<\/strong> enacts all federal statutes. In the federal government, the legislative branch is headed by Congress. States\u2019 legislative branches are headed by a state legislature. Congress is bicameral<\/a><\/span>, which means it is made up of two houses. This system provides equal representation among the several states and by citizens of the United States. States are represented by the Senate<\/a><\/span>. Every state, no matter how large or small, gets two senators. Citizens are represented by the House of Representatives<\/a><\/span>. Membership in the House of Representatives is based on population. A heavily populated state, like California, has more representatives than a sparsely populated state, like Alaska. States\u2019 legislatures are generally bicameral and have a similar structure to the federal system.<\/p>\r\n\r\n

    \r\n

    Figure 2.4<\/span> Diagram of the Legislative Branch<\/p>\r\n\"Diagram<\/a>\r\n\r\n<\/div>\r\n

    \r\n

    Examples of Legislative Branch Checks and Balances<\/h2>\r\n

    The legislative branch can check and balance both the executive<\/em> branch and the judicial<\/em> branch. Congress can impeach the president of the United States, which is the first step toward removal from office. Congress can also enact statutes that supersede judicial opinions, as discussed in Chapter 1 \"Introduction to Criminal Law\"<\/a>. Similarly, state legislature can also impeach a governor or enact a state statute that supersedes a state case law.<\/p>\r\n\r\n<\/div>\r\n<\/div>\r\n

    \r\n

    The Executive Branch<\/h2>\r\n

    The executive branch<\/strong> is responsible for enforcing the statutes enacted by the legislative branch. In the federal government, the executive branch is headed by the president of the United States. States\u2019 executive branches are headed by the governor of the state.<\/p>\r\n\r\n

    \r\n

    Figure 2.5<\/span> Diagram of the Executive Branch<\/p>\r\n\"Diagram<\/a>\r\n\r\n<\/div>\r\n

    \r\n

    Examples of Executive Branch Checks and Balances<\/h2>\r\n

    The executive branch can check and balance both the legislative<\/em> branch and the judicial<\/em> branch. The president of the United States can veto statutes proposed by Congress. The president also has the authority to nominate federal justices and judges, who thereafter serve for life. State executive branches have similar check and balancing authority; a governor can generally veto statutes proposed by state legislature and can appoint some state justices and judges.<\/p>\r\n\r\n<\/div>\r\n<\/div>\r\n

    \r\n

    The Judicial Branch<\/h2>\r\n

    The judicial branch<\/strong> is responsible for interpreting all laws, including statutes, codes, ordinances, and the federal and state constitutions. This power is all encompassing and is the basis for judicial review<\/strong>, referenced in Chapter 1 \"Introduction to Criminal Law\"<\/a>. It allows the judicial branch to invalidate any unconstitutional law in the statutory source of law and also to change the federal and state constitutions by interpretation. For example, when a court creates an exception to an amendment to the constitution, it has made an informal change without the necessity of a national or state consensus. The federal judicial branch is headed by the US Supreme Court. Each state\u2019s judicial branch is headed by the highest-level state appellate court. Members of the judicial branch include all judges and justices of every federal and state court in the court system, which is discussed shortly.<\/p>\r\n\r\n

    \r\n

    Figure 2.6<\/span> Diagram of the Judicial Branch<\/p>\r\n\"Diagram<\/a>\r\n\r\n<\/div>\r\n

    \r\n

    Examples of Judicial Branch Checks and Balances<\/h2>\r\n

    The judicial branch can check and balance both the legislative<\/em> branch and the executive<\/em> branch. The US Supreme Court can invalidate statutes enacted by Congress if they conflict with the Constitution. The US Supreme Court can also prevent the president from taking action if that action violates separation of powers. The state courts can likewise nullify unconstitutional statutes passed by the state legislature and void other executive branch actions that are unconstitutional.<\/p>\r\n\r\n

    \r\n

    Table 2.1<\/span> The Most Prominent Checks and Balances between the Branches<\/p>\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n
    Government Branch<\/th>\r\nDuty or Authority<\/th>\r\nCheck and Balance<\/th>\r\nGovernment Branch Checking and Balancing<\/th>\r\n<\/tr>\r\n<\/thead>\r\n
    Legislative<\/td>\r\nCreate statutes<\/td>\r\nPresident can veto<\/td>\r\nExecutive<\/td>\r\n<\/tr>\r\n
    Executive<\/td>\r\nEnforce statutes<\/td>\r\nCongress can override presidential veto by 2\/3 majority<\/td>\r\nLegislative<\/td>\r\n<\/tr>\r\n
    Judicial<\/td>\r\nInterpret statutes and Constitution<\/td>\r\nPresident nominates federal judges and justices<\/td>\r\nExecutive<\/td>\r\n<\/tr>\r\n
    Executive<\/td>\r\nEnforce statutes<\/td>\r\nSenate can confirm or reject presidential nomination of federal judges and justices<\/td>\r\nLegislative<\/td>\r\n<\/tr>\r\n
    Executive<\/td>\r\nEnforce statutes<\/td>\r\nCongress can impeach the president<\/td>\r\nLegislative<\/td>\r\n<\/tr>\r\n
    Legislative<\/td>\r\nCreate statutes<\/td>\r\nCourts can invalidate unconstitutional statutes<\/td>\r\nJudicial<\/td>\r\n<\/tr>\r\n
    Executive<\/td>\r\nEnforce statutes<\/td>\r\nCourts can invalidate unconstitutional executive action<\/td>\r\nJudicial<\/td>\r\n<\/tr>\r\n
    Judicial<\/td>\r\nInterpret statutes and Constitution<\/td>\r\nStatutes can supersede case law<\/td>\r\nLegislative<\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\n<\/div>\r\n
    \r\n

    Key Takeaways<\/h3>\r\n