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Lessons · Teaching · three branches, and why there are three

Three branches, each able to stop the other two

The legislative branch makes law, the executive carries it out, and the judicial interprets it and decides whether it fits the Constitution. Each can check the others: the executive can veto, the legislature can override and can remove officials, and the courts can rule an act unconstitutional.

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In beta. This lesson was written for Hone and has not yet been checked by a state certification officer. Practice material, not professional advice. What that means.

What it is for

The diagram is easy and the reason is the lesson: the design assumes the people in office will want more power, and arranges for each to be able to stop the others. That is a claim about human nature, and it is what makes the structure worth teaching rather than labelling.

How to think about it

For each branch, learn the job, then the check it holds over the other two, then the check held over it. If you can only say the job, you have half of it. Name the branch by what it does rather than by the building it sits in.

Worked example

Legislative: makes law, controls spending, and can remove officials from office
Control of money is the check people forget and the strongest one.
Executive: carries out the law, and can refuse to sign a bill
A veto, which the legislature can override with a large enough majority.
Judicial: interprets law and can rule that an act conflicts with the Constitution
Which stops a majority from passing anything it likes.
Every check assumes officials will want more power, and arranges for limits
The design distrusts the office-holder, whoever it turns out to be.

Your turn

Name the branch that decides whether a law fits the Constitution.

The  branch interprets the law

The trap

Describing the branches as three teams that cooperate. The design is adversarial on purpose: each is meant to be able to obstruct the others, and that friction is a feature.

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