The Three Branches of Government: Legislative, Executive & Judicial
PREAMBLE
We the People of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
ARTICLE 1 (This article defines the Legislative Branch)
Section. 1.
All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Sen-
ate and House of Representatives.
Section. 2.
The House of Representatives shall be composed of Mem-
bers chosen every second Year by the People of the several
States, and the Electors in each State shall have the Qualifi -
cations requisite for Electors of the most numerous Branch
of the State Legislature.
Section. 3.
The Senate of the United States shall be composed of two
Senators from each State, [chosen by the Legislature there-
of,]* for six Years; and each Senator shall have one Vote.
Section. 8.
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide
for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uni-
form Laws on the subject of Bankruptcies throughout the
United States;
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securi-
ties and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To defi ne and punish Piracies and Felonies committed on
the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two
Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the
land and naval Forces;
To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;
ARTICLE.II. (Executive Branch-President)
Section. 1.
The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during
the Term of four Years, and, together with the Vice Presi-
dent, chosen for the same Term, be elected..
Section. 2.
The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the
several States, when called into the actual Service of the
United States; he may require the Opinion, in writing, of
the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves and
Pardons for Offenses against the United States, except in
Cases of Impeachment.
He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges
of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise
provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such in-
ferior Officers, as they think proper, in the President alone,
in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by
granting Commissions which shall expire at the End of
their next Session.
Section. 4.
The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeach-
ment for, and Conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.
ARTICLE.III.
Section. 1. (Judicial Branch-Supreme and all Federal Courts)
The judicial Power of the United States, shall be vested
in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behaviour, and shall at stated
Times, receive for their Services, a Compensation, which
shall not be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the
United States, and Treaties made, or which shall be made,
under their Authority; - to all Cases affecting Ambassa-
dors, other public Ministers and Consuls; - to all Cases of
admiralty and maritime Jurisdiction; - to Controversies to
which the United States shall be a Party; - to Controversies
between two or more States; - [between a State and Citizens
of another State;-]* between Citizens of different States,
- between Citizens of the same State claiming Lands under
Grants of different States, [and between a State, or the Citi-
zens thereof;- and foreign States, Citizens or Subjects.]*
In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall
have appellate Jurisdiction, both as to Law and Fact, with
such Exceptions, and under such Regulations as the Con-
gress shall make.
The Trial of all Crimes, except in Cases of Impeachment;
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
Over time, the Congress has allowed the President to assume greater authority than the Constitution has established. Congress has yielded several of its authorities to the President through a series of emergency legislative acts, to respond to attacks or acts of war. Many current controversies regarding the use of executive orders are working their way through the courts, claiming over-reaching executive authority inconsistent with the balance of power.