Source:
Montesquieu 1,
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French philosopher Baron de Montesquieu in 1748 wrote the following for a treatise, The Spirit of the Laws. It became the guiding principle for the basic structure of the U.S. federal government:

"When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty."

The U.S. federal government separates power into three branches: the legislative, executive, and judiciary. This is known as separation of powers.

As we have explored in this lesson, Congress has the power to make the law. It is the job of the president and the executive branch to see that the laws are enforced. The president, as the only position elected by the whole country, also is in charge of our foreign policy. He is the commander-in-chief of the military and the person who negotiates treaties with foreign countries.

The judicial branch interprets the law. It has the power of judicial review, to see if a law violates the Constitution and is headed by the Supreme Court.

Checks and Balances

The Constitution does more than just separate power among three branches. Each branch's powers overlap a little with the other two so that usually at least two branches of government have to agree in order for the government to do anything. This feature is called checks and balances because one branch can stop (check) another branch from acting, and power is evened out (balances).

The Supreme Court has the biggest check of all, declaring a law unconstitutional. However, it rarely uses that power. In the day-to-day operation of government, the legislative and executive branches most often "check" and "balance" each other.

Activity

In this activity, you will find the balancing act of powers. A power of the federal government will fly in. You need to decide whether it belongs to the legislative branch (Congress) or the executive branch (president). They will balance each other.