where is seperation of powers in the constitution
Separation of powers under the United States Constitution
Legislative Writes and enacts laws Enacts taxes , authorizes borrowing , and sets the budget Has sole power to declare war May start investigations , especially against the executive branch The Senate considers presidential appointments of judges and executive department heads The Senate ratifies treaties The House of Representatives may impeach , and the Senate may remove , executive and judicial officers Creates federal courts except for the Supreme Court , and sets the number of justices on the Supreme Court May override presidential vetoes Executive May veto laws Vice president presides over the Senate Wages war at the direction of Congress ( Congress makes the rules for the military ) Makes decrees or declarations ( for example , declaring a state of emergency ) and promulgates lawful regulations and executive orders Influences other branches of its agenda with the State of the Union address . Appoints judges and executive department heads Has power to grant pardons to convicted persons , except in cases of impeachment Executes and enforces orders of the court through federal law enforcement . Judicial Determines which laws Congress intended to apply to any given case Determines whether a law is unconstitutional . ( The power of judicial review is not expressly granted in the Constitution , but was held by the judiciary to be implicit in the constitutional structure in Marbury v. Madison ( 1803 ) . ) Determines how Congress meant the law to apply to disputes Determines how a law acts to determine the disposition of prisoners Determines how a law acts to compel testimony and the production of evidence Determines how laws should be interpreted to assure uniform policies in a top - down fashion 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 . ) Polices its own members
Legislative Writes and enacts laws Enacts taxes , authorizes borrowing , and sets the budget Has sole power to declare war May start investigations , especially against the executive branch The Senate considers presidential appointments of judges and executive department heads The Senate ratifies treaties The House of Representatives may impeach , and the Senate may remove , executive and judicial officers Creates federal courts except for the Supreme Court , and sets the number of justices on the Supreme Court May override presidential vetoes Executive May veto laws Vice president presides over the Senate Wages war at the direction of Congress ( Congress makes the rules for the military ) Makes decrees or declarations ( for example , declaring a state of emergency ) and promulgates lawful regulations and executive orders Influences other branches of its agenda with the State of the Union address . Appoints judges and executive department heads Has power to grant pardons to convicted persons , except in cases of impeachment Executes and enforces orders of the court through federal law enforcement . Judicial Determines which laws Congress intended to apply to any given case Determines whether a law is unconstitutional . ( The power of judicial review is not expressly granted in the Constitution , but was held by the judiciary to be implicit in the constitutional structure in Marbury v. Madison ( 1803 ) . ) Determines how Congress meant the law to apply to disputes Determines how a law acts to determine the disposition of prisoners Determines how a law acts to compel testimony and the production of evidence Determines how laws should be interpreted to assure uniform policies in a top - down fashion 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 . ) Polices its own members