The Founders' Blueprint

The Constitution creates three branches of government of equal “rank” in relation to each other. No branch is higher or lower than any other, and no branch controls the others; each has independent authority and unique powers. The order—legislature, executive, judiciary—is important, moving from the most to the least “democratic,” that is, from the most to the least directly chosen by the people. The Constitution lodges the basic power of government in the legislature not only because it is the branch most directly representative of popular opinion (being the closest to the people) but also because the very essence of governing according to the rule of law is centered on the legitimate authority to make laws. The Constitution, by its language and nature as a written framework of government, creates a government of delegated and enumerated powers.