THE THREE POWERS THAT BE (OR NOT TO BE?!!?)
United States: three branches
Main article: Separation of powers under the United States Constitution
In the United States Constitution, Article I Section I gives Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that, "The Executive Power shall be vested in a President of the United States of America."[6] The Supreme Court holds "The judicial Power" according to Article III, and it established the implication of Judicial review in Marbury vs Madison.[7] The federal government refers to the branches as "branches of government", while some systems use "government" to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander in Chief of a standing army since the Civil war, executive orders, emergency powers and security classifications since WWII, national security, signing statements, and the scope of the unitary executive.
Checks and balances (my ass,
just checking if you're actually reading this)
To prevent one branch from becoming supreme, and to induce the branches to cooperate, governance systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Checks and balances allows for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.
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FIRST ONE:
LEGISLATIVE BRANCH, AKA CONGRESS AKA THE ONES WHO MAKE THE LAWS
AKA: THE ONES WE VOTE FOR!!!
Controls all the money; taxes, borrows, and sets the budget (with exception of unappropriated spending by central bank).
Has sole power to declare war.
Oversees, investigates, and makes the rules for the government and its officers.
Confirms the heads of the executive branch.
Confirms federal judicial appointments, and defines by law the jurisdiction of the judicial branch in cases not specified by the Constitution.
Ratifies treaties.
Originates and tries cases of impeachment.
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SECOND ONE:
EXECUTIVE BRANCH; AKA THE PRESIDENT;
AKA: THE GUY WHO THINKS HE'S IN CHARGE, BUT NO WAY IS HE
AKA: WE DONT VOTE FOR HIM, HIS ENEMIES DO..
Also known as the President.
Preserves, protects and defends the Constitution.
Faithfully executes the laws of the United States.
Executes the instructions of Congress.
May veto laws (but the veto may be overridden by Congress by a 2/3 majority) or refuse to execute them if s/he deems them unconstitutional.
Executes the spending authorized by Congress.
Executes the instructions of Congress when it declares war or makes rules for the military.
Declares states of emergency and publishes regulations and executive orders.
Creates treaties, and appoints judges and other executive heads, both with the advice and consent of the Senate.
Has the power to grant pardons for crimes against the United States.
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THIRD ONE:
JUDICIAL BRANCH; AKA THE JUDGES WHO ROT ON THE BENCH;
AKA: THE SUPREME COURT OF THE LAND (not to be confused with OZ or Disney)
Also known as the Supreme Court, with inferior courts that are created and limited by Congress. ((psst: the guys we vote for, who run the government, who are responsible for their state's funds, aka title iv for cps))
Determines which jurisdiction any given case falls under.
May refuse to enforce laws that it deems unconstitutional.
(Except those that abolish parental rights)
Determines the disposition of prisoners. (but not their own)
May legally compel testimony and the production of evidence as the law provides.
Judges and competently administers uniform policies via the appeals process, but gives discretion in individual cases to low-level judges (the amount of discretion depends upon the standard of review, determined by the type of case in question).
Oversees and administers members of the judiciary.
ONCE AGAIN:
May legally compel testimony and the production of evidence as the law provides.
Judges and competently administers uniform policies via the appeals process, but gives discretion in individual cases to low-level judges (the amount of discretion depends upon the standard of review, determined by the type of case in question).
Oversees and administers members of the judiciary.
TRANSLATION: MAY LEGALLY ALLOW PROSECUTORS TO HAVE CPS WORKERS LIE IN COURT, AND REFUSE PUBLIC ACCESS TO THESE COURTS....
AKA: CONSIPIRACY TO COMMIT FRAUD....
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Maintaining balance
The theoretical independence [PLEAE NOTE THE WORD "THEORETICAL"]
of the executive and legislative branches is partly maintained by the fact that they are separately elected and are held directly accountable to the public. [WITH THE EXCEPTION OF A FEW GOVERNMENT ENTITIES, ONE BEING CPS]
There are also judicial prohibitions against certain types of interference in each others' affairs. (See "separation of powers" cases in the List of United States Supreme Court cases.) In recent years, there have been accusations that the power to interpret the law is being misused (judicial activism) by some judges in the US. In the checks and balances system, the judicial branch has the right to say that something is unconstitutional, like a law or a bill (Credited to an opinion written by Chief Justice John Marshall in the case of Marbury v. Madison (1803)).
The legal mechanisms constraining the powers of the three branches depend a great deal on the sentiment of the people. A common perception is that popular support establishes legitimacy and makes possible the actual implementation of legal authority. National crises (such as the Civil War, the Great Depression, pre-Pearl Harbor World War II, the Vietnam War) have been the times at which the principle of separation of powers has been most endangered, either through official "misbehavior" or through the willingness of the public to sacrifice such principles if more pressing problems are solved. The system of checks and balances is also self-reinforcing. Potential abuse of power may be deterred, and the legitimacy and sustainability of any power grab is hindered by the ability of the other two branches to take corrective action; though they still must actually do so, therefore accountability is not automatic. This is intended to reduce opportunities for tyranny.
However, as James Madison wrote in Federalist No. 51 regarding the ability of each branch to defend itself from actions by the others, "But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates." Bicameralism was, in part, intended to reduce the relative power of the legislature by turning it against itself, by having "different modes of election and different principles of action." (This is one of the arguments against the popular election of Senators, which was instituted by the Seventeenth Amendment.) But when the legislature is unified, it can obtain dominance over the other branches.
[edit] State and local governments
The American states mirror the executive/legislative/judicial division of the federal government. Major cities tend to do so as well, but the arrangements of local and regional governments vary widely. Because the judicial branch is often a part of a state or county government, the geographic jurisdiction of local judges is often not coterminous with municipal boundaries.
In many American states and local governments, executive authority and law enforcement authority are separated by allowing citizens to directly elect public prosecutors (district attorneys and state attorneys-general). In some states, judges are also directly elected.
Many localities also separate special powers from their executive and legislative branches through the direct election of sheriffs, school boards, transit agency boards, park commissioners, etc.
Juries (groups of randomly selected citizens) also have an important role in the checks-and-balances system. In criminal and civil cases where a jury trial is held, juries have the sole authority to not only determine the facts, but to judge the law, acting as a powerful buffer against arbitrary enforcement by the executive and judicial branches. In many jurisdictions they are also used to determine whether or not a trial is warranted, and in some places Grand Juries have independent investigative powers with regard to government operations
from wikipedia...thank you to whomever had the gust/guts to provide such info!