Which power is shared between the legislative and executive branches of government?

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The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together:

• The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.
• The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
• The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.
• The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
• The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
• The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
• The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
• The judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.

See our "Branches of Government" infographic to find the checks and balances you see illustrated.

How the Supreme Court Works

The Supreme Court is:

• The highest court in the country
• Located in Washington, DC
• The head of the judicial branch of the federal government
• Responsible for deciding whether laws violate the Constitution
• In session from early October until late June or early July

How a Case Gets to the Supreme Court

Most cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law.

Rarely, the Court hears a new case, such as one between states.

1. Dissatisfied parties petition the Court for review
   Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.

2. Justices study documents
   The Justices examine the petition and supporting materials.

3. Justices vote
   Four Justices must vote in favor for a case to be granted review.

What Happens Once a Case is Selected for Review?

1. Parties make arguments
   The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.

2. Justices write opinions
   The Justices vote on the case and write their opinions.

   The majority opinion shared by more than half of the Justices becomes the Court’s decision.

   Justices who disagree with the majority opinion write dissenting or minority opinions.

3. The Court issues its decision
   Justices may change their vote after reading first drafts of the opinions. Once the opinions are completed and all of the Justices have cast a final vote, the Court “hands down” its decision.

   All cases are heard and decided before summer recess. It can take up to nine months to announce a decision.

Every year:

The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument.

About the Justices:

There are nine Justices:

• A Chief Justice, who sits in the middle and is the head of the judicial branch.
• Eight Associate Justices

When a new Justice is needed:

• The President nominates a candidate, usually a federal judge.
• The Senate votes to confirm the nominee.
• The Court can continue deciding cases with less than nine Justices, but if there is a tie, the lower court’s decision stands.

Justices are appointed for life, though they may resign or retire.

• They serve an average of 16 years.

What powers are shared by the legislative and executive branches?

What do the executive and legislative branches have in common?

In which type of government are the legislative and executive powers combined and shared?

How is power shared between the three branches of government?