Equal distribution of power among the three branches of government, does it work in the U.S.?

Question

I am writing a paper on the three branches of U.S. government, and I need some opinions on whether or not you think it is working in the United states and what examples give you that opinion. Technically all branches are equal (supposedly), but the legislature seems to be wielding a lot of power lately

Answer 1

Sort of. IMHO the (unelected) judiciary has too much power. They can overrule either of the elected branches & the only recourse is to amend the Constitution.

Roe vs Wade is an archtypal example of judicial overreach. (This is independent on whether or not abortion should be legal)

As you observed, the legislature has encroached on the power of the presidency with the so called "oversight" functions. The Constitution grants no such power, or any investigative power to Congress.

Somehow, however, we manage to muddle along.

Answer 2

When Checks and Balances are used properly they are equal. But in today's world of partisanship, we very seldom see checks and balances used to help the country. For example, when Congress passed the S-Chip Bill just to have it vetoed by President Bush. Congress would have been within its right to override the Veto with a 2/3 majority vote. But most of these Congressmen valued their party more than doing what was right for the country, so they did not get the 2/3 support needed to override Bush's Veto. Despite what the Constitution says, I think in recent years, the Executive Branch has clearly become the most powerful branch of government.

Answer 3

It used to be more equal until Bush 43 came in. He now makes written comments when he signs a law that will allow the Executive branch to not have to follow the law he is signing. Other Presidents have added "signing statements" on a few occassions, but Bush has done it over 500 times. He has thrown off the balance of power, but after Bush goes, It will clear up again. I don't thing there is even one honest Bush in the family:(

Answer 4

Actually if you read a copy of Constitutional Chaos by Napolitano, you will see how the judicial branch has done more damage because it has allowed the other 2 branches to erode our basic rights.

Answer 5

I largely agree with yupchagee about the judiciary abusing its power.

There is obviously no "equality" between the 3 branches. The judiciary has, in effect, the final say on whatever issues it WANTS to have a final say on, and although there is supposed ways for the legislative and executive to check abuses by the judiciary, they aren't used even a small fraction as often as they should.

Answer 6

The administrative Branch (president) is larger and more powerful than the other two branches and all the states combined.
It was never intended to be this way!

Answer 7

check out this article about a soldier who refuses to be deployed based on illegal use of separation of power. hope it helps!

"I think that when we take an oath we, as soldiers and officers, swear to protect the constitution — with our lives as necessary — and those constitutional values and laws that make us free and make us a democracy. And when we have one branch of government that intentionally deceives another branch of government in order to authorize war, and intentionally deceives the people in order to gain that public support, that is a grave breach of our constitutional values, our laws, our checks and balances, and separation of power."

Answer 8

Not since the free press has been taken over and corrupted!

Answer 9

So far so good.It's yielding though but your right.Legislators are too worried about being re-elected.