3.1 Three Branches of Government Study Guide
Learning Target 14. Compare the powers and responsibilities of each branch of government as they pertain to law and public policy.
Laws are rules recognized as binding and enforced by a government. Public policy consists of institutional actions and procedures pursued by a government in carrying out its functions.
The U.S. Constitution establishes roles for each of the three branches of government related to law and public policy. It assigns each branch special powers and responsibilities. Laws are made by the legislative branch. Laws are enforced by the executive branch. Laws are interpreted by the judicial branch as it resolves disputes under the laws. The actions and procedures of all three branches establish public policy. These include:
The U.S. Constitution establishes roles for each of the three branches of government related to law and public policy. It assigns each branch special powers and responsibilities. Laws are made by the legislative branch. Laws are enforced by the executive branch. Laws are interpreted by the judicial branch as it resolves disputes under the laws. The actions and procedures of all three branches establish public policy. These include:
- Legislative – conducting oversight investigations, instituting impeachment proceedings, approving treaties, passing resolutions;
- Executive – making rules and regulations, proposing the federal budget, recognizing foreign nations, issuing executive orders; and
- Judicial – issuing writs of certiorari, establishing judicial procedures, sentencing offenders, accepting amicus curiae briefs.
Learning Target 15. Use historical or contemporary examples of interactions among two or three branches of the federal government to analyze the political dynamics involved.
Current issues are addressed by all three branches of the government as they make public policy. The interactions among the branches range from instances where they work in concert to instances involving the exercise of checks and balances. In this context, the political process becomes one of the branches exercising their powers to influence public policy.
The U.S. Constitution addresses the interaction among the branches of government with a system of checks and balances. Checks and balances include:
The interaction among the three branches of government is impacted by factors such as:
The U.S. Constitution addresses the interaction among the branches of government with a system of checks and balances. Checks and balances include:
- Legislative on executive – veto override, impeachment of civil officers, Senate approval of appointments and treaties, raise and govern military forces;
- Legislative on judicial – creation of lower courts, determination of appellate jurisdiction of the Supreme Court, impeachment of judges;
- Executive on legislative – convene either or both houses of Congress, veto legislation;
- Executive on judicial – appoint judges, issue pardons and reprieves;
- Judicial on legislative – Chief Justice of the Supreme Court presides over impeachment trials for the president, interpret and apply laws; and
- Judicial on executive – judges not subject to removal by president, interpret and apply laws.
The interaction among the three branches of government is impacted by factors such as:
- Interest group involvement (e.g., proposing legislation, advocating rules, filing briefs);
- Political party control of the executive and legislative branches;
- Amount of public interest and nature of media coverage/commentary; and
- Informal relationships among the members of each branch.
Learning Target 21. Analyze a public policy issue in terms of collaboration or conflict among the levels of government involved and the branches of
government involved.
Public policy issues are matters of discussion and debate related to the functions of government. They frequently revolve around problems the
government is attempting to address and the projected consequences of public policy decisions.
Examples of public policy at different levels of government by different branches of government include:
The complexity of public policy issues may involve multiple levels and branches of government. These levels and branches may engage in
collaboration or conflict as they attempt to address public policy issues (e.g., 2010 Federal Race-to-the-Top education grants, the cleanup of the 2010 BP oil spill in the Gulf of Mexico, Arizona’s planned enforcement of immigration laws in 2010).
government is attempting to address and the projected consequences of public policy decisions.
Examples of public policy at different levels of government by different branches of government include:
- Federal Executive – the Department of State, which advises the president on foreign policy and directs activities of embassies in foreign
- Federal Legislative – the Congressional Budget Office, which provides analyses of economic and budgetary data;
- State Legislative – the Ohio Legislative Service Commission, which assists in drafting legislation;
- State Judicial – the Ohio Courts of Common Pleas, which apply sentencing guidelines for convicted felons; and
- Local Legislative/Executive – County commissions, which determine and grant tax abatements.
The complexity of public policy issues may involve multiple levels and branches of government. These levels and branches may engage in
collaboration or conflict as they attempt to address public policy issues (e.g., 2010 Federal Race-to-the-Top education grants, the cleanup of the 2010 BP oil spill in the Gulf of Mexico, Arizona’s planned enforcement of immigration laws in 2010).
