The Observer is a space for Angelenos to understand the judicial system, as well as have the basic civic information to feel empowered enough to advocate for change locally. This blog post explores the relationship along the three branches of government, and how each operates at federal, state, and local levels. 

The Constitution serves as the supreme law of the United States, establishing the framework for a federal representative democracy. It delineates the division of powers between the federal government—responsible for areas such as currency, interstate commerce, and national defense—and state and local governments, which handle matters like education and emergency response.

The officials at both levels are elected by the people, who vote for representatives at both the national and state levels. Our participation, through voting representatives at both the national and state levels, is what gives political officials power.  It is also how we hold them accountable. 

Constitutional Law 101:  Separation of Powers Among the Three Branches of Government

The United States government is divided into, and depends on the principle of “separation of powers” among three branches of government: the legislative, executive, and judicial branches: 

Article 1: Legislative Branch

• Role: Creates laws, collect taxes, controls currency and public spending (known as the “power of the purse”), declares war, and has the power to impeach federal officials. 
• People Power: at the federal level, voters elect 100 members of the Senate (two from each state), and 435 members of the House of Representatives. Senators serve six-year terms. Elections are staggered so that approximately one-third of the Senate is up for reelection every two years. Representatives serve two-year terms. All 435 seats are up for reelection every two years.

Article 2: Executive Branch

• Role: Enforces and implements the law, conducts foreign policy, leads the military, and leads their administration, executive departments, and government agencies.
• People Power: Voters elect the President every four years. The 22nd amendment says a president can be elected to two terms, serving a maximum of eight years in office. 

Article 3: Judicial Branch

• Role: Interprets laws through judicial review, determining whether legislative or executive actions comply with the Constitution. Judicial review occurs at both federal and state levels, starting in lower courts, potentially being appealed to a court of appeals, and concluding with oversight by a supreme court.

• People Power: Judges receive power by being appointed by an executive, and confirmed by the Senate, all of whom the voters elect. At the federal level, judges have lifetime appointments. In California the Governor and the Commission on Judicial Appointments appoint and confirm judges, and voters decide whether to retain them in uncontested elections following each 12-year term. 

Constitutional Law 101: Checks & Balances

At both the state and federal levels, each branch of government is supposed to “check” the others in a system of checks and balances as follows: 

 1. Legislative Branch (Congress)

• Checks on the Executive Branch:
  • Impeachment: Congress has the power to impeach and remove the President and other federal officials from office.
  • Oversight: Congress conducts investigations and holds hearings to oversee the executive branch’s actions.
  • Appropriations: Congress controls funding and can refuse to allocate money for executive programs or initiatives.
  • Treaties and Appointments: The Senate must approve treaties and presidential appointments, such as cabinet members and federal judges.
• Checks on the Judicial Branch:
  • Confirmation of Judges: The Senate confirms or rejects judicial appointments made by the President.
  • Legislation: Congress can pass laws that alter the impact of judicial decisions or that clarify the scope of judicial authority.
  • Constitutional Amendments: Congress can propose amendments to the Constitution to override judicial rulings.

2. Executive Branch (President)

• Checks on the Legislative Branch:
  • Veto Power: The President can veto legislation passed by Congress, though Congress can override a veto with a two-thirds majority in both houses.
  • Executive Orders: The President can issue executive orders to direct the operations of the executive branch, although these orders can be challenged in court or overridden by legislation.
• Checks on the Judicial Branch:
  • Judicial Appointments: The President nominates federal judges, including Supreme Court justices, who are then confirmed by the Senate.
  • Pardons: The President has the power to grant pardons for federal offenses, which can affect judicial outcomes.

3. Judicial Branch (Supreme Court and other federal courts)

• Checks on the Legislative Branch:
  • Judicial Review: Courts can declare laws unconstitutional, effectively invalidating legislation that conflicts with the Constitution.
• Checks on the Executive Branch:
  • Judicial Review: Courts can review and rule on the constitutionality of executive actions and orders.
  • Limiting Executive Powers: Courts can issue injunctions to stop the executive branch from implementing certain policies or actions deemed unconstitutional.

This dynamic of checks and balances is mirrored as the three branches of government operate at the state and county levels as well. 

We hope this serves as a useful crash course on the basics of how power works in government. One thing should be clear: all power belongs to the people. In this imperfect representative federal democracy, our votes and our participation are the fuel that keeps the engine running. In future posts, we will explain the federal and state judicial system, and explore how Angelenos can affect change in the local judiciary. 

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If you’re brushing up on basics with our “Understanding the Judiciary Starter Kit,” we suggest you read this next: Understanding the Federal & State Judiciary