List the powers and limitations granted to each branch by the Constitution.

Answer 1

The U.S. Constitution establishes three branches of government: the Legislative, Executive, and Judicial branches. Each branch has specific powers and limitations as set forth in the Constitution. Here’s a summary:

Legislative Branch (Congress)

Powers:

1. Make Laws: The primary function is to legislate.
2. Taxation and Budget: Power to levy taxes, allocate funds, and manage the federal budget.
3. Regulate Commerce: Control over interstate commerce and foreign trade (Commerce Clause).
4. Declare War: Authority to declare war and raise armies (with the President).
5. Impeachment: The House can impeach federal officials, and the Senate conducts the trial.
6. Confirm Appointments: Senate confirms presidential appointments and treaties.
7. Power of the Purse: Control over federal funding and spending.
8. Establish Courts: The ability to create lower federal courts.

Limitations:

1. Cannot Pass Ex Post Facto Laws: Cannot make laws that apply retroactively.
2. No Bill of Attainder: Cannot impose punishment without a trial.
3. Writ of Habeas Corpus: Cannot suspend this right except in cases of rebellion or invasion.
4. Equal Representation: Senate must represent states equally, and elections must allow for fair representation.
5. Presidential Veto: The President can veto legislation, requiring a two-thirds majority to override.

Executive Branch (President)

Powers:

1. Enforce Laws: Responsible for enforcing federal laws.
2. Commander-in-Chief: Leads the military, though Congress controls funding for the military and can declare war.
3. Treaties: Can negotiate treaties (requires Senate approval).
4. Appointments: Can appoint federal judges, ambassadors, and other high officials (requires Senate confirmation).
5. Veto Power: Can refuse to sign legislation passed by Congress.
6. Pardon Power: Can grant pardons and reprieves for federal offenses.

Limitations:

1. Congressional Checks: Congress can override vetoes and withhold funds.
2. Impeachment: The President can be impeached by the House and removed by the Senate.
3. Limited by Law: Must operate within the framework set by Congress and the Constitution.
4. Treaty Ratification: Treaties require a two-thirds majority in the Senate to be ratified.
5. No Line Item Veto: The President cannot veto specific parts of legislation.

Judicial Branch (Supreme Court and Lower Courts)

Powers:

1. Interpret Laws: The power to interpret the Constitution and federal laws.
2. Judicial Review: The ability to declare laws or executive actions unconstitutional.
3. Hear Cases: Authority to hear and decide cases arising under the Constitution, federal laws, and treaties.
4. Original Jurisdiction: The Supreme Court has original jurisdiction in some cases (e.g., cases involving states).

Limitations:

1. Cases and Controversies: Must have actual cases or controversies to decide; cannot issue advisory opinions.
2. Limited to Jurisdiction: The courts can only hear cases within their jurisdiction defined by Congress.
3. Enforcement: Courts rely on the Executive Branch to enforce their rulings; they cannot enforce decisions on their own.
4. Life Tenure: Justices serve for life but can be impeached by Congress.
5. Congressional Limitations: Congress can regulate the size and jurisdiction of inferior courts.

These powers and limitations create a system of checks and balances intended to prevent any one branch from becoming too powerful, ensuring that each branch has mechanisms to limit the others.