Which article talks about the 3 branches of government?

  • 1775   Fighting began between the colonies and Great Britain
  • 1776   The Declaration of Independence was written
  • 1777   The Articles of Confederation were written (fully ratified in 1781)
  • 1783   The American Revolutionary War officially ended
  • 1789   The U.S. Constitution replaced the Articles of Confederation

Which article talks about the 3 branches of government?

The Articles of Confederation created a confederation, a government of loosely organized independent states.  The national government under the Articles of Confederation consisted of a single legislative body, called the Congress of the United States.  The national government had limited powers under the Articles of Confederation.  For example, the central government could not levy taxes or regulate commerce.  Additionally, there was not an executive or judicial branch of government under the Articles.

Because the government under the Articles of Confederation did not have enough power, problems began to emerge.

  • States were printing their own money in violation of national law.
  • States were conducting foreign trade negotiations in violation of national law.
  • States were organizing their own armed forces.

These events led to a meeting in Philadelphia in 1787.  This meeting has come to be known as the Constitutional Convention.


T

hese events led to a meeting in Philadelphia in 1787. This meeting has come to be known as the Constitutional Convention. Twelve of the thirteen states sent delegates to the convention (all but Rhode Island). The original intent of the Constitutional Convention was to discuss the emerging problems in the new nation, and make changes to the Articles of Confederation to address those problems. Very quickly however, the delegates determined to set the Articles of Confederation aside and start fresh. The result of their work was the Constitution of the United States. The Constitution created the 3 branches of government: The Constitution embodies these principles:
  • Limited Government - The principle that the power of the government is limited by the Constitution; a system of government in which the government is given only the powers specifically listed in written documents.
  • Separation of Powers - There are three branches of government, each with its own powers and duties.
  • Checks and Balances - Each branch checks the powers of the other two branches.
  • Federalism - Power is divided between the federal government and the state governments.
Visit the National Archives website to find the full text of the U.S. Constitution.

  • Outlines the powers and limits of the Legislative Branch

    • The legislature, called Congress, is made up of the Senate and the House of Representatives
    • The basic function of the legislature is to make the laws of our nation

  • Outlines the powers and limits of the Executive Branch

    • The executive power of the nation is held by the President of the United States and the various executive departments and agencies under his or her direct control
    • A major function of the executive branch is to enforce the laws of the nation

  • Outlines the powers of the Judicial Branch

    • Article III establishes one Supreme Court of the United States
    • Article III explains the jurisdiction of the federal courts, listing the kinds of cases they will hear
    • Article III also provides a method for Congress to create new courts, under the Supreme Court, as needed.

  • Outlines the relationship between the national government and the state governments, and of the states to other states.

  • Outlines the amendment process. This describes how to change the Constitution if need be.

  • Affirms the supremacy of the Constitution and national laws.

  • Explains the process which must be taken to ratify the Constitution.

  • Called The Bill of Rights.

    • Added in 1791
    • Detail what are commonly referred to as our basic civil liberties


  • It took four long months of debate for the framers to create the Constitution. As the framers worked, different plans and suggestions were made.

    The states with smaller populations supported the New Jersey Plan which sought equal representation among all states, and which added an executive and judicial branch, while giving the government power to tax and regulate trade. The larger states sought to have representation in the new government based on population. They created the Virginia Plan, which did this, and which not only created three branches of government, but also gave the government much more power than under the Articles.

    The result of all this debate was the Great Compromise, which resulted in the Constitution we know today. It solved the representation squabble by creating a bicameral legislature, called Congress, in which the lower house (called the House of Representatives) had representation based on population, and an upper house (called the Senate) had equal representation by states (2 Senators representing each state).

    An executive branch was created, headed by a President to be elected by the people (and an electoral college).

    A judicial branch was also added, with one Supreme Court, whose members were to be chosen by the chief executive and confirmed by the Senate.

    The new government was given the right to tax, to regulate trade and make national laws. It was much more powerful than the national government had been under the Articles of Confederation. The framers finished their work on the Constitution in September of 1787.



The Lincoln Memorial, the Washington Monument, and the Capitol are aligned on the National Mall in Washington D.C.

Separation of Powers

The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches.

In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.”

Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.”

Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.”

Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.

The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others.