Who Makes the Law?

At first glance one might read the title of this missive and respond, "c'mon Colonel it's the legislative branch." That answer would be true because America is a constitutional republic. In our three branches of government, the one tasked with passing bills, legislation, is the one made up of our representatives, the legislature. However, the question posed by this title goes beyond just the superficial understanding of Montesquieu's Spirit of the Laws from which we get the concepts of legislative, executive, and judicial branches. And I am sure many of you realize that there are Americans who cannot articulate that simple construct.