Branches of Government

Why This Matters

The structure of American government isn't just an organizational chart—it's the Constitution's answer to a fundamental question: How do you create a government strong enough to govern but limited enough to protect liberty? The Framers' solution was to divide power three ways (separation of powers), give each branch tools to restrain the others (checks and balances), and split authority between national and state governments (federalism). You're being tested on how these structural choices create both cooperation and conflict in American politics.

Don't just memorize which branch does what. The AP exam wants you to analyze why the system produces gridlock, how informal powers have shifted the balance, and when checks actually get used. Every FRQ about institutional conflict traces back to these foundational concepts—so know what principle each branch, power, and procedure illustrates.

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The Three Branches: Separated Powers in Action

The Constitution deliberately fragments government authority across three institutions, each with distinct functions. This separation ensures that lawmaking, law enforcement, and law interpretation remain in different hands—preventing tyranny while creating intentional friction.

Legislative Branch (Congress)

• Bicameral structure reflects the Connecticut Compromise—the House represents population (435 members), while the Senate represents states equally (100 members, 2 per state)
• Enumerated powers in Article I, Section 8 include taxing, spending, regulating interstate commerce, and declaring war—plus the Necessary and Proper Clause expands authority to implied powers
• Only Congress can make federal law, but internal rules differ dramatically: House debate is formal and time-limited, while Senate allows filibusters requiring 60 votes for cloture

Executive Branch

• The President enforces federal law and serves as Commander-in-Chief, head of state, and chief diplomat—concentrating executive authority in one elected official
• Formal powers include the veto, appointments, and treaty-making—but informal powers like executive orders, executive agreements, and the bully pulpit have expanded presidential influence
• The federal bureaucracy implements policy through Cabinet departments and independent agencies, giving the executive branch day-to-day administrative control

Judicial Branch

• The Supreme Court interprets the Constitution and serves as the final arbiter of what the law means—a power established through Marbury v. Madison (1803)
• Judicial review allows courts to strike down laws and executive actions as unconstitutional, making the judiciary a check on both elected branches
• Life tenure (Article III) insulates judges from political pressure, promoting independence but also making judicial appointments intensely contested

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Checks and Balances: Ambition Counteracting Ambition

The Framers didn't just separate powers—they gave each branch specific tools to limit the others. As Madison wrote in Federalist No. 51, "Ambition must be made to counteract ambition."

Presidential Checks

• Veto power allows the President to reject legislation, requiring a two-thirds supermajority in both chambers to override—making vetoes difficult to overcome
• Appointment power shapes the judiciary and executive branch, though Senate advice and consent creates a check on nominations
• Pardon power (Article II) lets the President forgive federal crimes, a check on judicial punishment with no congressional override

Congressional Checks

• Override vetoes with two-thirds vote in both chambers—rarely successful but forces presidents to negotiate
• Impeachment power allows the House to charge and the Senate to try and remove presidents, judges, and other officials for "high crimes and misdemeanors"
• Power of the purse controls federal spending; Congress can defund programs, refuse appropriations, or attach conditions to grants

Judicial Checks

• Judicial review enables courts to invalidate unconstitutional laws (Marbury v. Madison) and executive actions
• Lifetime tenure prevents elected branches from punishing judges for unpopular decisions, preserving judicial independence
• Stare decisis (adherence to precedent) constrains future courts, though the Supreme Court can overturn its own prior rulings

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Federalism: Dividing Power Vertically

Beyond separating powers horizontally among branches, the Constitution divides authority vertically between national and state governments. This federal structure creates "laboratories of democracy" while maintaining national unity on essential matters.

National Government Powers

• Enumerated powers (Article I, Section 8) explicitly grant Congress authority over taxation, interstate commerce, currency, and national defense
• Implied powers derive from the Necessary and Proper Clause—upheld in McCulloch v. Maryland (1819), which established broad congressional authority
• Supremacy Clause (Article VI) makes federal law supreme when national and state laws conflict, enabling preemption of state regulations

State Government Powers

• Reserved powers (Tenth Amendment) belong to states or the people—including education, public safety, elections, and intrastate commerce
• Concurrent powers are shared by both levels, such as taxation, establishing courts, and building infrastructure
• States retain sovereignty within their sphere, operating their own constitutions, legislatures, executives, and court systems

The Ongoing Debate

• Dual federalism (layer cake) treats national and state powers as separate spheres—dominant before the New Deal
• Cooperative federalism (marble cake) involves shared policymaking through grants, mandates, and partnerships—dominant since the 1930s
• Key cases define boundaries: United States v. Lopez (1995) limited Commerce Clause reach; South Dakota v. Dole (1987) upheld conditional spending

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Informal Powers and Institutional Evolution

The Constitution's text is only the starting point—political practice, tradition, and interpretation have transformed how branches actually operate. Informal powers often matter more than formal ones in day-to-day governance.

Congressional Informal Powers

• Committee system gives chairs enormous gatekeeping power—bills die in committee far more often than on the floor
• Oversight hearings and investigations allow Congress to monitor executive agencies, subpoena witnesses, and shape public opinion
• Filibuster and holds (Senate only) let individual senators block legislation and nominations, requiring 60 votes to proceed

Presidential Informal Powers

• Executive orders direct federal agencies without congressional approval—legally binding but can be reversed by successors
• Bully pulpit uses media access and public attention to pressure Congress and shape the national agenda
• Executive agreements bypass Senate treaty ratification, allowing presidents to make binding international commitments

Judicial Informal Powers

• Judicial activism vs. restraint reflects different philosophies about how aggressively courts should check elected branches
• Cert pool and case selection give the Supreme Court control over its docket—choosing which issues to decide
• Public legitimacy depends on perceived impartiality; controversial rulings can spark backlash and resistance

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Inter-Branch Conflict and Cooperation

The separation of powers guarantees tension—but also requires cooperation to govern. Divided government, partisanship, and institutional jealousy shape how branches interact.

Sources of Conflict

• Divided government occurs when different parties control the presidency and at least one chamber of Congress—increasing gridlock and partisan vetoes
• Advice and consent battles over judicial and executive nominations have intensified, with filibusters and the nuclear option changing Senate norms
• Impeachment represents the ultimate inter-branch conflict—used against Presidents Johnson, Clinton, and Trump (twice)

Mechanisms of Cooperation

• Bargaining and compromise remain essential; presidents negotiate with congressional leaders, trading priorities for votes
• Bipartisan coalitions form on some issues (national security, disaster relief) even during polarized periods
• Deference norms historically limited conflict—Congress deferred to presidents on foreign policy, courts deferred to Congress on economic regulation

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Quick Reference Table

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Self-Check Questions

1. Which two checks can Congress use against a President who refuses to enforce a law—and how do they differ in severity and likelihood of success?

2. Compare the President's veto power and the Supreme Court's judicial review: What do they share as checks on Congress, and how do they differ in timing, basis, and reversibility?

3. If an FRQ asks you to explain how federalism limits national power, which constitutional provisions and Supreme Court cases would you cite?

4. How does divided government affect the use of checks and balances compared to unified government? Give a specific example of a check more likely during divided government.

5. Contrast enumerated powers with implied powers: Where does each appear in the Constitution, and how did McCulloch v. Maryland resolve the debate over implied powers?