Simone Lawson
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The legislative branch is made up of Congress, which includes the Senate and the House of Representatives. Congress is responsible for creating laws and providing support services to the legislative branch. The executive branch is led by the President, who serves as the head of state and Commander-in-Chief of the armed forces. The President can veto legislation created by Congress and nominate heads of federal agencies and high court appointees, such as federal judges and Supreme Court justices. The judicial branch, including the Supreme Court and other federal courts, is responsible for interpreting and upholding the law. It can overturn unconstitutional laws. While the Federal Reserve System, with its 12 Reserve Banks, acts as the government's bank, providing services and formulating monetary policy, some critics argue that it is unconstitutional as the Constitution does not explicitly mention a central bank or grant the government the power to create one.
| Characteristics | Values |
|---|---|
| Legislative Branch | Congress (the Senate and House of Representatives) |
| Executive Branch | President, Vice President, and Cabinet |
| Judicial Branch | Supreme Court and other federal courts |
| Powers of Congress | To dispose of and make rules for US territory and property, guarantee a republican form of government to each state, protect against invasion, and suppress domestic violence |
| Congressional Powers over Currency | To borrow money, coin money, establish currency, and determine its value |
| Congressional Checks and Balances | Confirming or rejecting presidential appointments, removing the president from office, and overturning unconstitutional laws |
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What You'll Learn
- The US Constitution divides the federal government into three branches: legislative, executive, and judicial
- Congress is made up of the Senate and House of Representatives
- The Constitution does not mention the need for a central bank
- The President is the head of state and Commander in Chief of the US armed forces
- The Constitution guarantees each state in the Union a Republican form of government
The US Constitution divides the federal government into three branches: legislative, executive, and judicial
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
The legislative branch is made up of Congress, which includes the Senate and the House of Representatives. Congress is responsible for making laws and providing support services to the legislative branch. It also has various powers enumerated in the Constitution, such as the power to borrow money, coin money, and establish currency, as well as dispose of property belonging to the United States. Additionally, Congress plays a crucial role in confirming or rejecting the president's nominations for heads of federal agencies, federal judges, and the Supreme Court.
The executive branch is headed by the president, who is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. The vice president supports the president and assumes the role in the event that the president is unable to serve. The president's responsibilities include nominating heads of federal agencies and high court appointees, as well as vetoing legislation created by Congress. The Cabinet, composed of advisors to the president, is also part of the executive branch.
The judicial branch includes the Supreme Court and other federal courts. The justices of the Supreme Court are nominated by the president and confirmed by the Senate. This branch has the power to overturn unconstitutional laws and acts as a check and balance on the other branches of government.
The Constitution outlines the powers and responsibilities of each branch, ensuring a system of checks and balances where each branch can respond to the actions of the others. For example, while the president can veto congressional legislation, Congress also has the power to remove the president from office in exceptional circumstances. This intricate design of the US government, as laid out in the Constitution, aims to maintain a balanced distribution of power and prevent the concentration of authority in any single entity.
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Congress is made up of the Senate and House of Representatives
The United States Congress is the legislative branch of the federal government of the United States. Congress is made up of two distinct parts: the Senate and the House of Representatives. This bicameral legislature includes a lower body, the House of Representatives, and an upper body, the Senate.
The House of Representatives is often referred to as the "people's house" because members of the House of Representatives, or representatives, are directly elected by their constituents. There are 435 representatives in the House, and they are elected for two-year terms. The number of representatives from each state is determined by the state's population, and this can change over time. For example, in recent times, the American South and West have gained House seats according to demographic changes recorded by the census.
The Senate, on the other hand, has two representatives from each state, regardless of the state's population. This means that there are 100 senators in total. Senators are elected for six-year terms, and every two years, one-third of the Senate is up for re-election. To be elected to the Senate, a person must be at least 30 years old, a citizen of the United States for nine years or more, and a resident of the state that they will represent.
The vice president of the United States serves as the President of the Senate and can cast a vote in the Senate when there is a tie. The Senate also has the power to confirm or reject presidential nominations for federal judges and the Supreme Court.
Congress as a whole has a two-year term, and elections are held every even-numbered year on Election Day. Congress has a total of 535 voting members, including 100 senators and 435 representatives. There are also six non-voting members in the House of Representatives, who represent the Northern Mariana Islands and other U.S. territories.
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The Constitution does not mention the need for a central bank
The Constitution of the United States does not mention the need for a central bank or explicitly grant the government the power to create one. Those who interpret the Constitution strictly believe that the government does not have any authority beyond the Enumerated Powers of Congress. Critics of the Federal Reserve also argue that it violates the Constitution by being too closely associated with the private sector and lacking transparency and accountability.
The 10th Amendment states that the federal government only has the powers expressly granted to it, and therefore, critics argue that the creation of the Federal Reserve was unconstitutional. The Federal Reserve was formed in response to the Panic of 1907, which was one of the regular economic collapses. Before the Fed's creation, private business owners were relied upon to revive the economy during crises.
The framers of the Constitution intended a national monetary system based on coins, with the power to regulate that system resting with the federal government. At the Constitutional Convention, the delegates rejected a clause that would have given Congress the authority to issue paper money. They also rejected a measure that would have specifically denied that ability to the federal government. While the Constitution does not state that the federal government has the power to print paper currency, the Supreme Court ruled in McCulloch vs Maryland (1819) that the Second Bank of the United States and its banknotes, issued on behalf of the federal government, were constitutional.
The Federal Reserve System is supported by its member banks, which include national and state-chartered banks that hold stock in their respective regional Federal Reserve Banks. While the Fed operates independently, it maintains a relationship with the US government, with the Board of Governors being appointed by the President and confirmed by the Senate. Some critics argue that the power to control currency and monetary policy should rest solely with Congress, not an independent entity like the Federal Reserve.
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The President is the head of state and Commander in Chief of the US armed forces
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The President is the head of the executive branch and is the Commander in Chief of the US armed forces. This means that the President is the ultimate tribunal for the enforcement of the rules and regulations that Congress adopts for the government of the forces. Until 1830, courts-martial were convened solely on the President's authority as Commander in Chief.
The President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. They can also require the written opinion of the principal officer in each of the executive departments on any subject relating to the duties of their respective offices. While the President typically delegates supreme command of the forces in active service, they are not required to do so and can personally resolve important questions of military policy. For example, President Lincoln issued orders for a general advance in 1862, President Wilson settled the question of an independent American command on the Western Front in 1918, and President Truman ordered the bombing of Hiroshima in 1945.
The President's power to dismiss officers was previously unlimited, but it is now restricted by statute in peacetime to dismissal following a court-martial or in commutation of a court-martial sentence. However, Congress has not limited the President's power of dismissal during wartime. The President does not enlist in the armed forces and is not subject to court-martial or other military discipline.
In other countries, such as Albania, Argentina, Austria, Barbados, Belarus, Belgium, Bosnia and Herzegovina, and the Czech Republic, the president is also the commander-in-chief of their respective armed forces. This role often includes the authority to appoint and dismiss high-ranking military personnel.
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The Constitution guarantees each state in the Union a Republican form of government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is made up of Congress, which consists of the Senate and the House of Representatives.
> an article ought to be inserted expressly guaranteeing the tranquility of the states against internal as well as external danger... Unless the Union be organized efficiently on republican principles, innovations of a much more objectionable form may be obtruded.
Madison's suggestion was that the Constitutional authority of the States be guaranteed to them respectively against domestic as well as foreign violence. On the other hand, Randolph wanted to add that "no State be at liberty to form any other than a Republican Govt.". The final language of the provision was changed to: "Resolved that a republican constitution and its existing laws ought to be guaranteed to each state by the United States.".
The Guarantee Clause requires states to produce governments by electoral processes, as opposed to inherited monarchies, dictatorships, or military rule. It is worth noting that the Guarantee Clause has been interpreted differently over time, with the Supreme Court declaring in 1946 that it cannot be used to challenge state electoral malapportionment. However, in 1962, the Court clarified that legislature malapportionment claims can be decided under the Equal Protection Clause of the Fourteenth Amendment.
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Frequently asked questions
Yes, the Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. Congress is the legislative branch, which also includes the Senate and House of Representatives.
Congress has the power to borrow money on behalf of the United States, coin money, establish currency, and determine its value. Congress also has the power to dispose of and make rules and regulations respecting the territory or other property belonging to the United States.
Yes, Congress can override the federal government in certain circumstances. For example, Congress can confirm or reject presidential nominations for heads of federal agencies and remove the president from office.
