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between federal legislative and executive branches of government which has the most power

2007-02-01 08:19:04 · 14 answers · asked by cons505e 1 in Politics & Government Government

14 answers

Technically, they are all equal.

Practically, though... The SC can overturn laws passed by Congress and singed by the President.

The President nor Congress can overturn the SC.

The balance is in the fact that the President nominates a candidate, and Congress votes them in. That is supposed to be the balance, as they can put people in the court they think will rule the way they want. Since they serve lifetime terms, that makes it difficult to charge the court easily.

2007-02-01 08:30:07 · answer #1 · answered by Garylian 6 · 0 0

Constitutionally, all three are equal. But over the last 75 years or so the executive branch has become the most powerful. Congress can pass a bill but the president signs it into law. Or he will veto it. The Sup. Ct. decides the constitutional legality of laws but the court is picked by the pres (yes, the senate confirms the nomination). So the president can not only decide which bills become laws, he can also put into place the justices that will agree with his decisions. This does not give the pres. absolute power as the justices do not always agree w/ the president nor should they.

Another way in which the executive branch has become the top dog is by getting the USA into wars. Korea, Vietnam, and Iraq were not wars as set up by the Constitution. Only Congress can declare war (as it did soon after 12/7/1941). The President can call for a "police action" and send troops. This is what happened in Korea, Vietnam, and Iraq. The Pres. may call it what he wants but the facts are they were (are) all wars.

So the executive branch is by far the most powerful branch.

2007-02-01 08:34:32 · answer #2 · answered by thinking-guru 4 · 0 0

The whole idea behind our system of government is that no one branch has more power than any other branch, it was set up that way for a reason, the English monarchy had all the power, and that is exactly what the founding fathers did not want, a branch of government with more power than the others. And the three branches are Legislative, executive, and judicial. Separate but equal.

2007-02-01 08:24:27 · answer #3 · answered by smartypants909 7 · 1 0

All three have equal power under the Constitution. However when one usurps the power of the others or is given more than they should it can be abused. Unfortunately once power is given it is more difficult to take back. Right now there is a struggle by the Congress to take back some of the power from the Executive branch that should not have been given in the first place. Some of those powers were granted Lyndon Johnson to fight the Vietnam war with no success and now look.. Dubya has and uses the same powers with as much success as LBJ.

2007-02-01 08:26:46 · answer #4 · answered by Anonymous · 1 0

The Constitution set up three co-equal branches of government. The intent was to balance the power, not have one stronger than the others. In all three cases, the branch of govt can only do what is authorized in the Constitution. Or, that's the way it is supposed to work.
The government works best when all branches cooperate.
Congress can legislate, but the President can veto, or the courts can override.
The President can only execute existing laws. He cannot enact new laws and cannot sit in judgement.
The courts cannot write laws, but must interpret them. The Supreme Court has the final say-so on interpreting laws. But the court has no power to force the President or Congress to accept it's decisions.
Andrew Jackson defied the Supreme Court on the slavery issue. Nothing happened to him.

2007-02-01 08:30:10 · answer #5 · answered by regerugged 7 · 0 0

While the three federal branches of government are considered separate and equal, Congress is the real power because it holds the purse strings. For example, it can end any military involvement tomorrow by ending the funding.

Because they are primarily concerned with amassing power to their political parties it results in the illusion of the Executive holding the most power.

2007-02-01 09:18:32 · answer #6 · answered by Randy 7 · 0 0

There is a fine separation of powers called the checks and balance system. If any thing I think the judicial branch of government can flex their muscles the most without retaliation. Many activist judges seem to make law which is a specific function of the Congress made up of the House of Representatives and the Senate. Also many of these judges are not elected but appointed by specific politicians. Their are also no terms for them being a judge. It is likely that a judge is on the bench for their entire life without challenge.

2007-02-01 08:31:26 · answer #7 · answered by Ron P 3 · 0 0

Between the legislative and executive branches, probably the executive branch. the president has final veto powers. The judicial branch has the most power of the 3 tho.

2007-02-01 08:28:55 · answer #8 · answered by aksteiger 2 · 0 0

There is supposed to be no branch of the government that is more powerful than the other, separate but equal. At this time, the executive branch is exercising powers it does not have and is making this into a unitary government, in other words a monarchy.

2007-02-01 08:43:47 · answer #9 · answered by thequeenreigns 7 · 0 0

The constitution set three SEPARATE but EQUAL, branches of government. It is a form of checks and balance. In answer to your question, no branch of government has more power then the other, they all have a job to do. it is somewhat like rock, paper, scissors.

2007-02-01 08:25:47 · answer #10 · answered by Anonymous · 0 0

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