Which branch of government is most powerful?

[Emsworth]

Theoretically, Congress has more power than any other branch. If we look at the system of checks and balances, we will find that the final check is always held by Congress. The President may veto a bill, but Congress may override the veto. The Supreme Court may declare a bill unconstitutional, but Congress may change the Court's jurisdiction and prevent a bill from being subject to judicial review. Congress can remove a President or a Supreme Court Justice, but neither the President nor the Supreme Court can remove a member of Congress.  In all of these cases, Congress has the final word (although a two-thirds majority is sometimes needed).

In practice, matters have been a little more complicated. As a result of political considerations, Congress has not necessarily always been the most influential branch of government.

During the earliest part of the nation's history, Congress was certainly the most important branch of government, but it was not completely dominant. Presidents such as Washington and Jefferson maintained a fair degree of influence. This was, in my opinion, a result of circumstances (men like Washington were greatly respected), not a result of the powers of their office. The early Presidents used their veto very sparingly.

Andrew Jackson and John Tyler increased the practical extent of executive power, as they were more willing to veto bills than many of their predecessors. However, most of Jackson's successors were not very strong leaders. Between Jackson and Lincoln, not a single President was elected to more than one term. The weak personalities of these Presidents lead to a crescendo in the power of Congress.

Lincoln, as we all know, briefly stopped this trend, but it continued unabated after his death. Under Andrew Johnson, for example, Congress became imperial and dictatorial. All power was concentrated on Capitol Hill during much of the latter nineteenth century. The Republican Presidents of this era were little more than servile, obedient dogs. Grover Cleveland, however, did try to restore the dignity of the White House. He actually stood up to the legislative branch, vetoing over 500 bills.

The twentieth century saw an end to congressional hegemony. Under Theodore Roosevelt, Woodrow Wilson, and Franklin D. Roosevelt, presidential influence grew significantly. Of course, these Presidents were not always able to bend congressional will; note the failure of Wilson's League of Nations and of the second Roosevelt's court packing plan. On the whole, however, it is obvious that the Presidents of the first half of the twentieth century were much stronger than their late nineteenth century counterparts.

Since FDR's time, a balance has been maintained between the legislative and executive branches, the former being slightly stronger. In recent years, congressional influence has slightly increased. The President's powers, for example, have been curtailed by the Congressional Budget and Impoundment Control Act and the War Powers Resolution.

At every point in American history, the judiciary remained the weakest branch of the federal government. There is no time at which they have risen from their number 3 slot. They have, no doubt, become more active in the past fifty years, but on the whole they remain significantly less powerful than the other two coordinate branches.