Are there 3 Separate but equal branches of government in the USA?

The US Constitution

Recent discussions about rogue judges have prompted me to revisit a familiar phrase: the notion that the United States has three separate but equal branches of government. You were likely taught this concept—I recall it from my own education—but it’s simply not accurate. This idea is a misconception, perpetuated over time until it’s been accepted as fact.

The United States does indeed have three branches of government, but they are far from equal. Checks and balances exist, certainly, but equality among them does not.

Under the Constitution, Congress holds the bulk of the power or authority. It has the power to enact laws, control federal spending, establish or eliminate agencies, and create courts—except for the Supreme Court, which is the lone exception spelled out in the Constitution. The Executive branch’s role is to carry out the laws Congress passes; it has no constitutional authority to make laws. It can create policy and/or rules to carry out laws Congress passes but it cannot, of itself create law. Over time, this boundary has been significantly overstepped, and Congress has not consistently exercised its duty to rein in such overreach, although they could have, and should have. Then there’s the Judiciary. The Supreme Court is the only court explicitly established by the Constitution, but Congress determines its composition. A favorite quip that I've heard is that Congress could decide that the Supreme Court is John Roberts and a card table and this is absolutely possible under the Constitution. Congress also has the power to create and define all lower courts, including their structure and duration. The Judiciary’s sole function is to interpret the law—it cannot legislate, control spending beyond what Congress allocates, enforce laws, or set penalties outside those prescribed by Congress.

This framework reflects the vision of the Founding Fathers. Here are a few insights from those present during the Constitution’s drafting, debate, and signing:

1. Alexander Hamilton, Federalist No. 78:

   • "The judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."

     
     

   • "This simple view of the matter… proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks."

     
     

2. James Madison, Federalist No. 51:

   • "In republican government, the legislative authority necessarily predominates."

These quotes aren't all that are available but hopefully you get a sense of what the founding fathers meant for the government they helped to create from these quotes.

The common belief that the United States has three separate but equal branches of government is a misconception that oversimplifies the Founders’ design. The Constitution grants Congress the bulk of authority—lawmaking, fiscal control, and the ability to shape courts and agencies—while the Executive is tasked with enforcing laws and the Judiciary with interpreting them. Far from equal, the branches operate within a system of checks and balances, with Congress holding the upper hand. Over time, executive overreach has blurred these lines, often unchecked by Congress, yet the Judiciary remains the weakest, lacking power over the purse or sword. As Hamilton and Madison argued in the Federalist Papers, this hierarchy reflects the Founders’ intent to prioritize legislative supremacy in a republican government.