
The United States Constitution is divided into three branches: the executive, legislative, and judicial powers, which are invested in the President, Congress, and the Supreme Court and other federal courts, respectively. The Constitution grants power to the people by explicitly stating that any powers not delegated to the federal government or prohibited to the states are reserved for the states or the people. This is further clarified in the Tenth Amendment, which was added to the Bill of Rights in 1791. The Tenth Amendment has been interpreted as a limitation on the federal government's powers, ensuring that it does not overreach its authority and infringe on civil liberties. The Constitution also provides a system of checks and balances, where most important actions require the participation of multiple branches of government, preventing any one branch from holding too much power.
| Characteristics | Values |
|---|---|
| Powers not delegated to the federal government | The federal government is limited to the powers enumerated in the Constitution |
| Powers not prohibited to the states | Reserved to the states or to the people |
| Legislative power | Vested in a Congress of the United States, composed of a Senate and House of Representatives |
| House of Representatives | Members chosen every second year by the People of the several States |
| Representatives and direct taxes | Apportioned among the several States included in the Union according to their respective numbers |
| Federal judges | Appointed for life by the President and confirmed by the Senate |
| Federal courts | Courts of limited jurisdiction |
| Federal government | Divided into three branches: executive, legislative, and judicial |
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What You'll Learn
- The Tenth Amendment clarifies that the federal government is limited to the powers enumerated in the Constitution
- The Constitution divides the government into three branches to avoid tyranny
- The Constitution grants the legislative power of the United States to Congress
- The Constitution grants the judicial power of the United States to the Supreme Court and inferior federal courts
- The Constitution grants the executive power of the United States to the President

The Tenth Amendment clarifies that the federal government is limited to the powers enumerated in the Constitution
The Constitution of the United States divides the government into three branches: the executive, the legislative, and the judiciary. The legislative power is vested in a Congress, which consists of a Senate and a House of Representatives. The executive power is invested in the President, while the judicial power is given to the Supreme Court and other federal courts. This system of checks and balances is designed to avoid the concentration of power in any one branch.
The Tenth Amendment of the Constitution clarifies that the federal government is limited to the powers explicitly enumerated in the Constitution. It states that "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". 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 principles of federalism, which is the division of power between the federal and state governments.
The Tenth Amendment was proposed by the 1st United States Congress in 1789, during its first term following the adoption of the Constitution. It was considered a prerequisite by many members before they would ratify the Constitution, particularly to address the concerns of Anti-Federalists, who opposed a strong federal government. The amendment ensures that the federal government exercises only limited and enumerated powers, with all other powers being reserved for the states or the people.
The Supreme Court has affirmed the Tenth Amendment's role in limiting federal power. For example, in United States v. Lopez (1995), the Court struck down a federal law mandating a "gun-free zone" on school campuses, ruling that the Constitution did not authorize such a law. Similarly, in Gonzales v. Raich (2005), the Court upheld the federal government's power to regulate interstate commerce under the Commerce Clause but acknowledged that states retain the power to legalise medical cannabis within their borders.
The Tenth Amendment has been criticised for its limited impact on the exercise of federal power. Some argue that it has not significantly changed the balance of power between the federal and state governments. However, it remains an important safeguard for states' rights and allows states the freedom to experiment with different policies and programmes.
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The Constitution divides the government into three branches to avoid tyranny
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 has too much power.
The legislative branch is made up of Congress, which consists of the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. The Senate, on the other hand, is composed of two senators from each state, serving six-year terms. The legislative branch is in charge of all lawmaking in the United States, and it has the power to propose and pass laws, as well as to override the president's veto.
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 President has the power to sign bills into law, effectively checking the legislative branch. The President's powers also include the ability to choose how to conduct war, but Congress must first declare war. The executive branch also includes the Vice President, who supports the President and assumes their role if they are unable to serve.
The judicial branch is made up of the Supreme Court and other federal courts created by Congress. Federal judges are appointed for life by the President and confirmed by the Senate. The judicial branch has the power to interpret the law and determine the constitutionality of actions taken by the other branches.
This separation of powers allows each branch to perform its tasks efficiently and effectively while also providing a system of checks and balances to prevent tyranny by any one branch. Most important actions require the participation of more than one branch, such as the passing of laws, which requires both Congress and the President's approval. Additionally, the legislative branch can impeach a president who commits "high crimes or misdemeanors," providing a further check on the executive branch.
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The Constitution grants the legislative power of the United States to Congress
The Constitution of the United States is a document that outlines the framework for the country's government. It is designed to be flexible and adaptable, retaining a core set of values while allowing for changing interpretations over time. The Constitution divides the federal government into three branches: the executive, the legislative, and the judicial.
The legislative power of the United States is vested in Congress, which consists of the Senate and the House of Representatives. This division of powers is referred to as federalism, where the federal government has specific enumerated powers, while the states retain all other powers. The Constitution grants Congress the authority to pass laws, regulate interstate commerce, and create inferior courts to the Supreme Court.
The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. The Senate, on the other hand, is composed of two senators from each state, serving six-year terms. Senators were originally chosen by state legislatures but are now directly elected.
Congress plays a crucial role in the functioning of the federal government, with the power to make laws, regulate elections, and oversee the impeachment process. It serves as a check and balance to the executive power of the President, who can veto laws passed by Congress. The Constitution ensures that most important actions require the participation of multiple branches of government, promoting collaboration and avoiding tyranny.
By granting legislative power to Congress, the Constitution empowers the people to have a direct say in law-making through their elected representatives. The system of checks and balances further ensures that no single branch of government holds excessive power, promoting a balanced distribution of power among the federal government, states, and the people.
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The Constitution grants the judicial power of the United States to the Supreme Court and inferior federal courts
The United States Constitution divides the federal government into three branches: the executive, the legislative, and the judicial. The Constitution grants the judicial power of the United States to the Supreme Court and inferior federal courts created by Congress.
Article III of the Constitution establishes the federal judiciary. It states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organize it and to create lower federal courts as needed.
The Constitution outlines the jurisdiction of the Supreme Court, which includes original jurisdiction over certain cases and appellate jurisdiction over others. The Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. It has appellate jurisdiction in almost all other cases that involve a point of constitutional or federal law, such as those to which the United States is a party, cases involving treaties, and admiralty cases.
The federal courts, including the Supreme Court, are courts of limited jurisdiction under the Constitution. They can only hear "cases or controversies," which means they cannot perform non-judicial functions or advise the President or Congress on the constitutionality of proposed actions. The kinds of cases they can hear are listed in Article III and were chosen to protect various interests of the United States.
The Constitution also provides for the appointment and tenure of federal judges. Federal judges, including Supreme Court justices, are appointed for life by the President and must be confirmed by the Senate. Their salaries cannot be decreased during their term of office, which is meant to protect the independence of the judiciary from political influence.
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The Constitution grants the executive power of the United States to the President
The United States Constitution is a document that outlines the powers of the federal government and the rights of the people. One of its key features is the division of powers among the three branches of government: the executive, legislative, and judicial.
The President has a broad range of powers and responsibilities, including the power to issue executive orders, which have the force of law. These executive orders are based on historical practice, executive interpretations, and court decisions. For example, the President can issue directives regarding foreign relations, such as suspending the entry of aliens into the country if deemed detrimental to national interests. The President also has the power to fill vacancies in the Senate during recesses and to convene both Houses of Congress on extraordinary occasions. Additionally, the President is the Commander-in-Chief of the Army and Navy and has control over the operation of federal agencies.
The Constitution provides a system of checks and balances to ensure that no single branch of government becomes too powerful. While the President can veto laws passed by Congress, Congress can override executive orders by passing new laws. The judicial branch also plays a role in interpreting the Constitution and determining the legality of executive actions.
The Constitution grants power to the people by dividing authority between the federal government and the states, a system known as federalism. While the federal government has power over the states, it is limited to the powers explicitly enumerated in the Constitution. Powers not delegated to the federal government are reserved for the states or the people. This ensures that the federal government cannot infringe on the rights and powers of the states or the people.
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Frequently asked questions
The US government is divided into three branches: the executive, legislative, and judicial. The President holds the executive power, Congress holds the legislative power, and the Supreme Court and other federal courts created by Congress hold the judicial power.
The Tenth Amendment to the Constitution, ratified on December 15, 1791, specifies that any powers not specifically given to the federal government nor withheld from the states are reserved for the states or the people. This has been interpreted as a limitation on the federal government's powers.
The Constitution gives power to the people by limiting the federal government's powers and reserving certain powers for the states or the people. The Ninth Amendment also prohibits inferences about the people's rights.
Congress holds the legislative power of the United States and is composed of the House of Representatives and the Senate. Congress passes laws, which the President can veto.
The members of the House of Representatives are chosen every second year by the people of the states, while the members of the Senate are chosen by the state legislature and serve for six-year terms. Senators are now directly elected.

























