Out of the three branches of government who has the most power?

Discussion in 'Political Opinions & Beliefs' started by Spooky, Mar 13, 2019.

  1. Reality

    Reality Well-Known Member

    Joined:
    Jun 12, 2014
    Messages:
    21,627
    Likes Received:
    7,706
    Trophy Points:
    113
    None of them the powers are balanced.

    The judiciary has the last word, but can be packed by the legislative and executive, or simply ignored by the executive (see trail of tears and Andrew Jackson)
    The legislature can remove members of the judiciary or executive, but they have to work together.
    They have the power of the purse as well, can start the amendment process, have to approve appointments and treaties, declare war etc. They write the laws and can override a veto.
    The Executive is concentrated in one person, can veto, chooses who is vetted for appointments etc.
     
  2. Bow To The Robots

    Bow To The Robots Banned at Members Request

    Joined:
    Jun 17, 2009
    Messages:
    25,855
    Likes Received:
    5,926
    Trophy Points:
    113
    Well, you know first of all like you're all like totally wrong about those three branches of government, man...



    Maybe her parents bribed an official to get her into Columbia.

    To answer your question, it seems more and more the judiciary is writing our laws.
     
  3. 61falcon

    61falcon Well-Known Member

    Joined:
    Apr 27, 2018
    Messages:
    21,436
    Likes Received:
    12,227
    Trophy Points:
    113
    Gender:
    Male
    None should have the most power.The system of checks and balances ascribed to the separation of powers was chosen so that the three branches would balance each other out giving equal power to all three.
     
  4. drluggit

    drluggit Well-Known Member

    Joined:
    Nov 17, 2016
    Messages:
    31,103
    Likes Received:
    28,555
    Trophy Points:
    113
    She is, single handedly, destroying dumb blond jokes...
     
    Jestsayin and ToddWB like this.
  5. TOG 6

    TOG 6 Well-Known Member

    Joined:
    Oct 23, 2015
    Messages:
    47,848
    Likes Received:
    19,639
    Trophy Points:
    113
    The executive branch has the capacity to act before the other branches can do anything to stop it.
    So, while the three branches are legally and constitutionally co-equal, in terms of exercising power, the executive branch is miles ahead of the others.
     
  6. rahl

    rahl Banned

    Joined:
    May 31, 2010
    Messages:
    62,508
    Likes Received:
    7,651
    Trophy Points:
    113
    SCOTUS can strike down any law congress passes, if deemed unconstitutional. Congress has no recourse to this, other than to amend the constitution, which requires WAY more than just a majority.
     
  7. 61falcon

    61falcon Well-Known Member

    Joined:
    Apr 27, 2018
    Messages:
    21,436
    Likes Received:
    12,227
    Trophy Points:
    113
    Gender:
    Male
    The three branches are intended to interact in a balanced and equitable way.
     
  8. perotista

    perotista Well-Known Member Past Donor

    Joined:
    Jul 12, 2014
    Messages:
    16,980
    Likes Received:
    5,730
    Trophy Points:
    113
    Gender:
    Male
    I agree that each holds a different type of power. That each can be a check on the other two. A president can veto any legislation congress passes, but with 2/3rds vote in each chamber, that veto can be over ridden. Congress can not act on any legislation the president wants and can refuse to fund any projects the president wants. Unless congress ceded its power to the administration via legislation.

    The SCOTUS can void any legislation by determining it to be unconstitutional and also certain acts by the president. Certainly different powers, but each one can be a check on the other two. If they so desire.

    Having said all of this, the presidency is probably the most powerful as over the years, decades congress has ceded a lot of their constitutional powers to the administration and to different government agencies. The SCOTUS has become more of a political entity which seems to have their own political agenda when it comes to interpreting the Constitution. Obama found many ways to go around congress, bypass congress with his pen and his phone, the use of executive orders and now Trump using the power congress gave him to declare a national emergency. Presidents bypass congress all the time in that any administration determines which laws to enforce and which to ignore along with giving instructions in how to enforce those law which can change the intent of the original law.

    Congress is probably the weakest due to the ceding of a lot of congress's powers to the administration and other government agencies. A lot of being the weakest is due to the plain fact that members of congress of the president's party have become more part of the administration than members of the institution of congress. My two cents anyway.
     
  9. Foolardi

    Foolardi Well-Known Member Past Donor

    Joined:
    May 15, 2009
    Messages:
    47,987
    Likes Received:
    6,805
    Trophy Points:
    113
    The Power is evenly divided because our Founders were brilliant
    thinkers.No established Government has ever been so carefully and
    judiciously crafted.The Seperation of Power model has been around since
    ancient Greece.It is used as a form of checks & Balances.
    The goal is to prevent a concentration of unchecked power.
    Precisely what Obama the Meek was looking to dismantle.He accomplished
    it with the Press or Mainstream media.With his Justice Dept. and IRS.
    With his Senate who his first years refused to even debate a budget.
    Harry Reid never voted-on or passed a budget in Obama's first term.
    There was never a lick of concern over this.Just whenever the
    Debt Limit or debt ceiling comes due.
     
  10. ToddWB

    ToddWB Well-Known Member Past Donor

    Joined:
    Nov 28, 2018
    Messages:
    6,245
    Likes Received:
    5,455
    Trophy Points:
    113
    Gender:
    Male
    You missed the unelected deep state bureaucracy.. I think , considering the massive power they've demonstrated in trying to unseat a duly elected President, that they must be included inthis discussion.
     
  11. struth

    struth Well-Known Member

    Joined:
    Oct 3, 2018
    Messages:
    33,519
    Likes Received:
    17,956
    Trophy Points:
    113
    They are co-equal
     
  12. Spooky

    Spooky Well-Known Member Past Donor

    Joined:
    Nov 29, 2013
    Messages:
    31,814
    Likes Received:
    13,377
    Trophy Points:
    113
    Are they?
     
  13. struth

    struth Well-Known Member

    Joined:
    Oct 3, 2018
    Messages:
    33,519
    Likes Received:
    17,956
    Trophy Points:
    113
    Yes.
     
  14. Spooky

    Spooky Well-Known Member Past Donor

    Joined:
    Nov 29, 2013
    Messages:
    31,814
    Likes Received:
    13,377
    Trophy Points:
    113
    Except that the legislative branch could limit the executive if they wanted, they could change that.

    The executive can never limit the legislative in any way.
     
  15. Foolardi

    Foolardi Well-Known Member Past Donor

    Joined:
    May 15, 2009
    Messages:
    47,987
    Likes Received:
    6,805
    Trophy Points:
    113
    The Thread is somewhat ambigious.It's like asking who has
    more power in a big college basketball game.The lead scorer or the
    coach.They are both of key importance.On any one night,the coach
    may be the most instrumental,and then the following game the lead
    scorer of the team is the clear star.
    It may boil down to perspective.Life isn't the Olympics.
    Nor should our Government with it's 3 branches.
    Hitler obviously knew the importance of Teamwork.Even though he
    was a Monster.He earned his fate.Not too delighted about his Girl
    Eva Braun or his Dog { Blondie } who ended their life with cyanide.
     
  16. ocean515

    ocean515 Well-Known Member Past Donor

    Joined:
    Jul 20, 2015
    Messages:
    17,908
    Likes Received:
    10,396
    Trophy Points:
    113
    Gender:
    Male
    Judicial.
     
  17. Spooky

    Spooky Well-Known Member Past Donor

    Joined:
    Nov 29, 2013
    Messages:
    31,814
    Likes Received:
    13,377
    Trophy Points:
    113
    But the legislative can remove the judicial until they get the judges they want.

    The Judicial cannot do that to the legislative.

    And on top of that the legislative tells the judicial how they should rule by what they make legal or not.

    The judicial cannot stop the legislative from doing their enumerated or implied powers, but the legislative can stop them.
     
    Last edited: Mar 13, 2019
  18. yguy

    yguy Well-Known Member

    Joined:
    Feb 4, 2010
    Messages:
    18,423
    Likes Received:
    886
    Trophy Points:
    113
    Gender:
    Male
    Under the Constitution, Congress is the most powerful branch, if for no other reason than its ability to write the laws under which the other branches operate.

    In the post-constitutional pseudorepublic we live in today, the Judiciary is the most powerful branch because so many idiots think it's the final word on the Constitution.
    He can, but Congress can strip him of 99% of his power inside of 2 weeks, and he has no legal recourse.
     
  19. RodB

    RodB Well-Known Member Donor

    Joined:
    Apr 29, 2015
    Messages:
    22,496
    Likes Received:
    11,192
    Trophy Points:
    113
    Gender:
    Male
    The separate powers of government are designed to have some checks and balances. At the moment the Supreme Court has none.
     
  20. Spooky

    Spooky Well-Known Member Past Donor

    Joined:
    Nov 29, 2013
    Messages:
    31,814
    Likes Received:
    13,377
    Trophy Points:
    113
    They can be impeached.
     
  21. RodB

    RodB Well-Known Member Donor

    Joined:
    Apr 29, 2015
    Messages:
    22,496
    Likes Received:
    11,192
    Trophy Points:
    113
    Gender:
    Male
    Yes, that is true. But their rulings and decisions are immune from any checks and balances.
     
  22. yguy

    yguy Well-Known Member

    Joined:
    Feb 4, 2010
    Messages:
    18,423
    Likes Received:
    886
    Trophy Points:
    113
    Gender:
    Male
    They are also, as noted in Federalist #78, utterly impotent absent enforcement by the Executive branch.
     
  23. yardmeat

    yardmeat Well-Known Member

    Joined:
    Aug 14, 2010
    Messages:
    57,301
    Likes Received:
    31,359
    Trophy Points:
    113
    Except judicial review: ruling certain laws that Congress passes unconstitutional
     
  24. kazenatsu

    kazenatsu Well-Known Member Past Donor

    Joined:
    May 15, 2017
    Messages:
    34,722
    Likes Received:
    11,260
    Trophy Points:
    113
    Federal courts can still issue orders without the executive branch, and hold parties in contempt, issuing arrest warrants without charges.

    But again, these are laws passed by Congress that gave them that authority.
     
    Last edited: Mar 16, 2019
  25. kazenatsu

    kazenatsu Well-Known Member Past Donor

    Joined:
    May 15, 2017
    Messages:
    34,722
    Likes Received:
    11,260
    Trophy Points:
    113
    Judicial review (by the Supreme Court) isn't really a power explicitly spelled out in the Constitution.

    In practice they have this power only because Congress will rarely do anything about it, and relies on them to apply the law.
     
    Last edited: Mar 16, 2019
    RodB likes this.

Share This Page