Eleanor Finch
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This system of checks and balances ensures that no individual or group has too much power. The Constitution constrains the federal government in several ways. For example, the Tenth Amendment specifies that any powers not explicitly granted to the federal government are reserved for the states or the people. The Fourteenth Amendment also places new federal constraints on all three branches of state governments, allowing the federal government to prevent states from violating the privileges and immunities of their citizens. Additionally, federalism has acted as a constraint on state governments, as citizens can choose to move to another state with more favourable policies.
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What You'll Learn
- The US Constitution divides the federal government into three branches: legislative, executive, and judicial
- The legislative branch includes Congress, which consists of the Senate and House of Representatives
- The executive branch includes the President, Vice President, and executive departments
- The judicial branch includes the Supreme Court and other federal courts
- The Tenth Amendment specifies that any powers not given to the federal government are reserved for the states or the people
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 has too much control.
The legislative branch is made up of the House and Senate, known collectively as Congress. This branch is responsible for making laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies.
The executive branch consists of the President, their advisors, and various departments and agencies. This branch enforces the laws of the land and can declare Executive Orders, which carry the force of law. However, the President cannot make laws themselves; they can only veto laws created by Congress. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.
The judicial branch includes the Supreme Court and other federal courts, such as the Federal Judicial Center. This branch interprets the laws, but it cannot make or enforce them. The President nominates Supreme Court justices, and the Senate confirms these nominations. The judicial branch can declare laws or acts of the executive branch unconstitutional.
Each branch can respond to the actions of the others, creating a system of checks and balances. For example, Congress can impeach and remove judges from office, and it can also remove the President from office in exceptional circumstances.
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The legislative branch includes Congress, which consists of the Senate and House of Representatives
The US Constitution, which replaced the Articles of Confederation in 1787, establishes a federal system of government with a balance of powers between the national government and the states. The Constitution grants the national government limited powers, with state governments retaining significant autonomy, particularly in regulating intrastate commerce. This system of "Enumerated Powers Federalism" ensures that the federal government cannot overreach its authority.
The legislative branch, as outlined in Article I of the Constitution, is a crucial component of the federal government's structure. This branch includes Congress, which consists of two chambers: the Senate and the House of Representatives. Each state is represented in the House based on its population, with a minimum of one representative, and each representative must be at least 25 years old, a US citizen for at least seven years, and a resident of the state they represent. Members of the House of Representatives are elected to two-year terms, and the House has the sole power of impeachment.
The Senate, on the other hand, has a more stable composition, with each state represented by two senators, regardless of population. Senators must be at least 30 years old, US citizens for at least nine years, and residents of the state they represent. They serve six-year terms, with one-third of the Senate up for reelection every two years. The Senate plays a crucial role in checking the power of the House of Representatives and vice versa, ensuring a balanced legislative process.
The legislative branch is responsible for creating laws and providing a check on the executive and judicial branches. The Constitution grants Congress the power to make laws necessary to execute the powers vested in the federal government. Congress can also override a presidential veto with a two-thirds majority in both houses, as seen with the Civil Rights Act of 1866. Additionally, Congress has the power to enforce constraints on state governments, as outlined in the Fourteenth Amendment, to prevent violations of citizens' rights.
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The executive branch includes the President, Vice President, and executive departments
The US Constitution outlines a federal system of government, which divides power between the federal government and state governments. This is known as federalism. Federalism can be described as "Enumerated Powers Federalism", where the national government has limited powers, and state governments have power over everything else.
The executive branch is one of the three branches of the federal government. The executive branch includes the President, Vice President, and executive departments. The President is the head of state and Commander-in-Chief of the armed forces. They are responsible for implementing and enforcing the laws written by Congress and appointing the heads of federal agencies, including the Cabinet. The President also has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. The President is elected for a term of four years.
The Vice President is part of the executive branch and is first in the line of succession to the Presidency. The Cabinet is an advisory body made up of the heads of 15 executive departments, appointed by the President and confirmed by the Senate. These departments include the Department of Defense, the Environmental Protection Agency, the Social Security Administration, and the Securities and Exchange Commission. The Cabinet plays a crucial role in the day-to-day enforcement and administration of federal laws.
The executive branch also includes independent federal agencies, such as the Department of Justice (DOJ), which is responsible for enforcing the law and defending the interests of the United States. The DOJ is made up of components like the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Federal Bureau of Prisons. The Attorney General, as the head of the DOJ, advises the President and the heads of executive departments.
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The judicial branch includes the Supreme Court and other federal courts
The Constitution of the United States 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 and that each branch has its own roles and areas of authority. The judicial branch includes the Supreme Court and other federal courts, such as the 13 appellate courts or courts of appeals, 94 district or trial courts, and 90 bankruptcy courts.
The Supreme Court is the highest court in the United States and has the power to decide appeals on all cases brought in federal or state courts dealing with federal law. For example, if a First Amendment freedom of speech case was decided by a state court, it could be appealed to the federal Supreme Court. However, the Supreme Court cannot consider cases decided solely on state law. The Supreme Court is typically not required to hear appeals, and parties must file a "writ of certiorari" for the court to consider their case. The Supreme Court justices are nominated by the President and confirmed by the Senate. They serve for life and can overturn unconstitutional laws.
The 13 appellate courts below the Supreme Court determine whether the law was applied correctly in the trial court or federal administrative agency. The 94 district courts are the trial courts that resolve disputes by determining the facts and applying the law. Bankruptcy courts help people and businesses that cannot pay their debts get a fresh start. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the Constitution or federal statutes. Federal judges, including Supreme Court justices, are selected by the President and confirmed by the Senate. They can hold their positions for life but may also be removed by impeachment.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. However, judges depend on the executive branch to enforce court decisions. The system of checks and balances allows each branch of government to respond to the actions of the other branches. For example, Congress can pass laws, but the President can veto them. The President also nominates heads of federal agencies and high court appointees, while Congress confirms or rejects these nominees. In turn, Congress can remove the President from office in exceptional circumstances.
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The Tenth Amendment specifies that any powers not given to the federal government are reserved for the states or the people
The Tenth Amendment to the U.S. Constitution concerns the power dynamic between the federal and state governments. It specifies that any power not explicitly granted to the federal government is delegated to the state governments and that the federal government maintains only limited, enumerated powers. In other words, if the Constitution does not list a specific power, it is reserved for the states or the people. This amendment reinforces the idea of federalism, which refers to the division of power between the federal and state governments, and it protects states' rights by limiting the federal government's ability to regulate or command state governments to adopt policies or enforce federal laws.
The Tenth Amendment was passed by the Continental Congress on September 25, 1789, and ratified on December 15, 1791. Thomas Burke, a supporter of states' rights, originally proposed the text as an amendment to the Articles of Confederation to ensure clarity and ambiguity regarding differences in state and federal power. The amendment states:
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Tenth Amendment has been interpreted by the Supreme Court, particularly in relation to the commerce clause. For example, in United States v. Darby (1941), the Court wrote that the Tenth Amendment is "but a truism that all is retained which has not been surrendered." This interpretation highlights that the amendment reaffirms the relationship between the national and state governments as established by the Constitution, ensuring that the federal government cannot exercise powers not granted and that states can fully exercise their reserved powers.
The Tenth Amendment has been invoked by states and local governments to assert exemption from federal regulations, especially in areas like labour and environmental controls. The amendment's focus on limited federal powers and states' rights has shaped the dynamic between the federal and state governments, with states having the freedom to experiment with different ideas and policies, earning them the moniker "laboratories of democracy".
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Frequently asked questions
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This ensures that no individual or group will have too much power.
The three branches of the US government are the legislative, executive, and judicial branches. The legislative branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. The executive branch includes executive departments, independent agencies, and other boards, commissions, and committees. The judicial branch includes the Supreme Court and other federal courts.
Federalism is a system of government in which power is divided between a central authority and constituent political units. In the United States, federalism has waxed and waned since the founding, and federal-state relations have always been contested. The Constitution outlines the powers of the federal government, with any powers not specifically given to the federal government being reserved for the states or the people.
The Constitution includes a Bill of Rights that outlines the rights of citizens, such as the right to keep and bear arms, and prohibits the government from violating these rights. The Fourteenth Amendment, for example, forbids states from violating the fundamental rights of their citizens and grants Congress the power to enforce these constraints. The Constitution also establishes a system of checks and balances between the three branches of government to prevent any one branch from having too much power.
