Branch of Government

The founders intended this to be the most powerful branch.

• Legislative Branch

• Executive Branch

• Judicial Branch

• The founders created three co-equal branches

Answer explanation

Although today we often think of the Presidency as the most powerful branch, and it's common to hear hear politicians (especially members of Congress) say that there are "three co-equal branches of government", the founders intended the Legislature to be the most important because it was the closest to the people, and had the most important job.

This branch can grant pardons.

• Legislative Branch

• Executive Branch

• Judicial Branch

• The executive branch grants most pardons, but the legislature can grant pardons to presidents when they leave office.

Answer explanation

Only the President can grant pardons. While presidents can pardon people accused of federal crimes, their power does not extend to state crimes (but governors can!).

This branch can veto congressional enactments.

• Legislative Branch

• Executive Branch

• Judicial Branch

• The Executive and Judicial branch share this responsibility

Answer explanation

Only the President can veto legislation. Congress can override the President's veto with a 2/3 majority (which is often called a "veto proof majority").

This branch regulates commerce.

• Legislative Branch

• Executive Branch

• Judicial Branch

• All branches play a role in regulating commerce

Answer explanation

Regulating commerce is one of Congress' enumerated powers. While other branches can *affect* commerce, only Congress has the power to create rules and regulations that govern it.

This branch can resolve conflicts between state and federal laws.

• Legislative Branch

• Executive Branch

• Judicial Branch

• Each branch can resolve conflicts between state and federal laws when it concerns their specific powers.

Answer explanation

Only the Judicial Branch has the power to resolve conflicts between the constitutionality of laws. This power, known as "judicial review" is not actually found in the Constitution itself, but has been regarded as a power exclusive to the Courts ever since the case Marbury vs. Madison.

This branch recognizes foreign countries and receives ambassadors

• Legislative Branch

• Executive Branch

• Judicial Branch

• All branches can receive ambassadors and recognize foreign countries.

Answer explanation

In the US, the President serves as the head of state (the figurehead or representative of the country), and the executive branch is responsible for recognizing foreign heads of state and their emissaries.

This branch can declare laws unconstitutional.

• Legislative Branch

• Executive Branch

• Judicial Branch

• Each branch has the power to declare laws passed by the other branches unconstitutional.

Answer explanation

Only the judicial branch has the power to declare laws unconstitutional. This is the power of "judicial review".

This branch has the power to declare war and ratify treaties that end wars.

• Legislative Branch

• Executive Branch

• Judicial Branch

• Both the legislative and executive branch have the power to declare war, but the judicial branch can rule such declarations violate the Constitution.

Answer explanation

The power to declare war is one of the enumerated powers of Congress. The Founders believed that such an important power should lie with the branch closest to the government.

Members of this branch are appointed for life.

• Legislative Branch

• Executive Branch

• Judicial Branch

• No members of any branch serve a life term.

Answer explanation

Members of the federal court system (not just SCOTUS) are appointed for life.

Who can take over the Vice Presidents' duties in Senate when they are unavailable?

• Speaker of House

• President Pro Tempore

• Majority Leader

• "Whips"