The founding of America was based on many fundamental values and beliefs. Branches of the United States Government were created to protect these values as well as to prevent the uprising of a tyranny. As a result, the founding fathers created checks and balances for each government so that no one branch is more powerful than the others. In light of recent events, the executive branch has risen to be the most powerful among the others, while the judicial branch’s powers have fallen.

Presidential power increases during times of war as many presidents have enacted legislation that were not approved or even included Congress in the creating of these said legislation. After the bombing of Pearl Harbor, President Franklin Delano Roosevelt captured over 100,000 American citizens of Japanese descent and placed them into internment camps. The judicial branch is meant to check the actions of the executive and legislative branch to ensure that their actions are constitutional. In this case the Supreme Court, excused Roosevelt’s saying that his actions were a “military necessity”. The executive branch holds the power to the military, legislative, and can issue pardons to Supreme Court justices if need be. If the Supreme Court did rule Roosevelt’s actions as unconstitutional, could the judicial branch really enact change? The Louisiana Purchase by Thomas Jefferson is another unconstitutional act committed by a president. The use of public funds by the government to expand territory was not in the Constitution, this aspect caused many problems as an earlier issue arose with the same problem as Alexander Hamilton’s plan to charter a national bank. Hamilton’s defense was that such powers are “implied” by the Constitution in which Jefferson refused; in contrary, Jefferson used the same argument when purchasing the Louisiana territory.

Since expressed powers given to the executive branch are so vague, the branch is able to expand their powers accordingly thus making them more powerful. As the President is also known as the legislative leader in which the president can sign bills, or influence Congress to pass legislation. The president is ensured the opportunity to influence laws, and can also veto any bills passed by Congress. Congress does have the power to override a veto, or send enact the bill without the president’s approval if lack of action by the president. Cases like such are extremely rare as it takes two thirds majority in each of the chambers in the House to override a veto issued by the president. In being the legislative leader, the president also has the ability to issue executive orders which are legislation or laws that act as a formal legislation passed by Congress. Executive orders are used to provide reorganization and structure among the country, for example, The Executive Order issued to establish the obligations of the Executive office. These executive orders have not been challenged except in extreme cases in which the judicial system has to intervene, such as the Watergate scandal when President Nixon claimed his executive privilege to keep the tapes in his possession.

Even in times of peace the executive branch still holds majority of the power between the three branches. The sheer size of the executive branch and its reach across the nation surpasses any of the Congress and judicial positions combined. In 1911, the cabinet consisted of nine members, today it has grown to 15. Along with the other departments of the federal government, there are also several independent agencies including the Environmental Protection Agency (EPA), Central Intelligence Agency (CIA), National Aeronautics Space Administration (NASA), and others. The executive branch is directly involved with any issues in America, foreign policy, social issues, and environmental issues. Reform to these issues are always run by the executive branch for approval. The House of Representatives may stand for the American people, but even the president has reach in the House as the vice president is the head of the Senate. Structures like such clearly proves that the executive branch is the most powerful.

The judicial branch’s duties are very simple; the courts interpret the Constitution and execute it through cases. The judicial branch does not have much power as only a tiny percentages of cases each year make it to the Supreme Court in extreme cases. Supreme Court members are appointed by the President and approved by the Senate. The judicial branch’s key power is judicial review which is only called upon during extreme times. As mentioned before the judicial branch does not hold power over any office, military, or persons to enforce these laws. This has not happened but in a case if a Supreme Court ruling deemed an action placed by the other branches unconstitutional and the said branch chose to refuse and carry on, there is no real enforcement other than their word. During the Vietnam War when President Lyndon B. Johnson issued troops into Vietnam without the consult of Congress, that was an unconstitutional act and the Supreme Court could do nothing about it except enact the War Powers Act which still is not held in place as George W. Bush sent troops into Iraq without the support of Congress after the terror of 9/11. The framers of the Constitution constructed the judicial branch to check the executive and legislative branch so there would be no “tyranny of the majority”. The judicial branch is designed to protect liberty and to not be in trampled, many cases in the past the courts have been just that. Trampled over by the decisions of Congress and the Executive Office. The most powerful cases the courts have held are those that protect the Amendments and outside of that, the courts have no actual power than a pen and paper.

The power between the three branches of government are not split evenly as the executive branch holds the majority of the power with its many institutions and concurrent powers while he judicial branch is not awarded much power outside their key power of judicial review which is enforceable. The makers of the Constitution designed it so that no one branch would rule a tyranny but as a result of their vague statements, the powers designated have been to left to be interpreted in any way whether the founding fathers “implied” these powers or not.