What is the reason for the three branches in the government?

Answer 1

The 'ideal' that the United States is a 3 branch government is a popular misconception; the United States was specifically formed as a 4 branch system of government, [we] the people being the 4th branch. The reason this is important and included here is that the original designs for 3 branch systems of governments fail from corruptoin, and the people who wrote the constitution included "we the people" as a way to make the people the ultimate check to government action.

As an example, no person can be elected to any office in the United States unless "we the people" vote for them. No person can be indicted for a crime unless "we the people" indict them, and further no person can be convicted of a crime unless "we the people" find them guilty (grand Jury and Jury, respectively). "We the People" are also the army, and can refuse to act (or act against a corrupt government) as we desire. Lastly "We the People" are given full rights to alter and or abolish the government (within certain limits; IE: the reestablishment of a republican form of government).

Each branch of government is 'powerless' to effect its own actions, as an example (with inclusions of the 4th (unpopular) branch of government):

• Congress (legislative) is elected by we the people,
• President is elected, by electoral collage; supposedly following the wishes of We the People
• Congress passes a law - the president (executive) can veto the law, but does not;
• A Police officer (executive) arrests you for violating this law - he can refuse if the law is unconstitutional on its face;
• The DA (executive / judicial) presents an Indictment to the Grand Jury (we the people); who can refuse to indict if they believe the law is wrong,
• The Court (judiciary) then tries the accused before a Jury: the court can refuse to try them if the law is unconstitutional - and the jury can again refuse to convict if they believe the law is unconstitutional,
• The Prison system (executive) then incarcerates the person; they can refuse if they believe the law is unconstitutional

The example above is used to show where each of the checks and balances exist in the system, and how each branch of the government can act to make null and void the actions of some other branch; it is taken as each branch did not act and the law is constitutional, the person was convicted, and the people approved the action.

These refusals have happened many times throughout the history of the United States; Jury Nullification (which the supreme court has ruled legal, but that the jury cannot be told of the power) is held to be primarily responsible for the repeal of prohibition (juries refused to convict). The exectutive has and does refuse to enforce orders issued by the courts; the first time was Andrew Jackson who refused the orders of the US Supreme Court, this has happened as recently as 2004 when local police refused to serve an order to show cause in a presidential debate. Judges rule many congressional acts unconstitutional.