CIPP/US Study Guide
Chapter 2: U.S. Legal Framework

The Three Branches of U.S. Government

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The U.S. Constitution creates three branches - legislative makes laws, executive enforces them, judicial interprets them - with checks and balances. This structure repeats at state and local levels.

The U.S. Constitution establishes the framework of the legal system, creating three branches of government designed to provide a separation of powers with checks and balances. These branches are also generally found at the state and often the local levels.

Three Branches of U.S. Government
BranchPurposeWho
LegislativeMakes lawsCongress (House and Senate)
ExecutiveEnforces lawsPresident, vice president, cabinet, federal agencies (such as the FTC)
JudicialInterprets lawsFederal courts

Aside from passing laws, Congress can override presidential vetoes and the Senate confirms presidential appointees. The president has veto power over laws and the power to appoint federal judges. The judiciary determines whether laws are constitutional.

Agencies wield all three powers

When Congress delegates authority, a federal agency can exercise power characteristic of all three branches: legislative power to issue rules, executive power to investigate and enforce, and judicial power to settle disputes.

Key terms - quick answers

What is “Legislative branch”?
Congress (House and Senate), which writes and passes laws and can override presidential vetoes.
What is “Executive branch”?
The president, vice president, cabinet, and federal agencies, which enforce and administer the law through rulemaking and civil/criminal procedures.
What is “Judicial branch”?
The federal court system, which interprets laws and examines a law's constitutionality and intent.
What is “Separation of powers”?
The constitutional design dividing government into three branches so each checks and balances the others.

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