Jonah Patel
The Constitution of the United States establishes a federal government divided into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much authority. The legislative branch, as outlined in Article I, includes Congress, which is further divided into the House of Representatives and the Senate. The executive branch, established in Article II, consists of the President and subordinate officers, while the judicial branch, outlined in Article III, comprises the Supreme Court and other federal courts. Each branch has the ability to respond to the actions of the others, creating a system of checks and balances.
| Characteristics | Values |
|---|---|
| Number of branches | 3 |
| First branch | Legislative (Congress) |
| Second branch | Executive (office of the President) |
| Third branch | Judicial (Federal court system) |
| Legislative branch composition | Bicameral Congress (House of Representatives and Senate) |
| Executive branch composition | President, Vice President, Cabinet |
| Judicial branch composition | Supreme Court, Federal courts |
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What You'll Learn
The Legislative Branch: Congress, with the House of Representatives and the Senate
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This ensures that no individual or group will have too much power.
The first article of the Constitution establishes the Legislative Branch, which is made up of Congress, the Senate, and the House of Representatives. Congress is responsible for making laws. It is a bicameral body, with each state having two senators and at least one representative in the House, based on its population. The U.S. territories and the District of Columbia are represented in the House by delegates who cannot vote on final legislation.
The House of Representatives is composed of members chosen every second year by the people of the states. Representatives must be at least 25 years old and have been citizens of the United States for at least seven years. They are elected to two-year terms and are responsible for choosing their Speaker and other officers. The House has the sole power of impeachment.
The Senate is composed of members who are at least 30 years old, have been citizens of the United States for at least nine years, and are elected to six-year terms. Every two years, one-third of the Senate is up for re-election. The Senate confirms or rejects the president's nominees for federal judges and Supreme Court justices.
Both the House and the Senate have certain powers and privileges. They can determine the rules of their proceedings and punish their members for disorderly behaviour. They also have the power to expel a member with a two-thirds concurrence. Additionally, the Congress can assemble at least once a year and can make or alter regulations for elections, except for the places of choosing senators.
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The Executive Branch: the President and subordinate officers
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The executive branch is headed by the President, who is the head of state, the federal government, and the Commander-in-Chief of the US armed forces.
The President is responsible for executing and enforcing the laws created by Congress, and for this purpose, appoints the heads of federal agencies, including the Cabinet. The President also has the power to sign legislation into law or veto bills passed by Congress, although Congress may override this with a two-thirds vote of both houses.
The Executive Branch also includes the Vice President, who supports the President and assumes their role should the President be unable to serve. The Vice President also presides over the US Senate and breaks ties in Senate votes. The Executive Office of the President (EOP) was created in 1939 to provide the President with the support needed to govern effectively. The EOP consists of the President's immediate staff and entities such as the Office of Management and Budget and the Office of the United States Trade Representative.
The Cabinet is an advisory body made up of the heads of 15 executive departments, appointed by the President and confirmed by the Senate. The President also appoints the heads of more than 50 independent federal commissions, such as the Federal Reserve Board and the Securities and Exchange Commission, as well as federal judges, ambassadors, and other federal officials.
The President has the power to issue executive orders, which direct executive officers or clarify and further existing laws. They also have the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. Additionally, the President has the authority to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The Executive Branch employs more than 4 million Americans, including members of the armed forces.
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The Judicial Branch: the Federal Court System, including the Supreme Court
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
The Judicial Branch, established by Article III, includes the US Supreme Court as the federal court system's highest court. The Supreme Court is the final level of appeal in the federal system. It is the only federal court that can issue proclamations of federal law that bind state courts. It has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by a state supreme court, the case could be appealed to the federal Supreme Court. However, if the same case were decided based on a state law, the Supreme Court would not be able to consider it.
The Supreme Court has nine justices, including one chief justice and eight associate justices. They are appointed by the President and confirmed by the Senate for a life term.
Below the Supreme Court are 13 appellate courts, also known as US courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. There are 94 district or trial courts, called US district courts, which resolve disputes by determining the facts and applying the law to those facts.
The federal judiciary has been criticised for taking most of the constitutionally-defined power from juries in the United States. There is a historic distrust of the courts, and according to a 2024 Gallup poll, only 35% of Americans have faith in the courts.
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The system of checks and balances
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.
The legislative branch, or Congress, is responsible for making laws. It is divided into two parts, or "houses": the House of Representatives and the Senate. The executive branch is led by the President, who is the head of state, leader of the federal government, and Commander-in-Chief of the armed forces. This branch also includes executive departments, independent agencies, and various boards and committees. The judicial branch is made up of the Supreme Court and other federal courts, with the former acting as the highest court in the federal court system.
The US Constitution, with its system of checks and balances, has been influential in shaping the way governments are structured around the world. The concept of checks and balances ensures that power is distributed across different branches of government, providing a system of accountability and preventing any one branch from holding too much power. This system has been adapted and adopted by many democratic governments, often with some variations, to ensure that the government functions effectively and serves the best interests of its citizens.
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Amendments and ratification
The US Constitution, which came into force on March 4, 1789, consists of three branches: the legislative, executive, and judicial. 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 consists of the President and subordinate officers, while the judicial branch consists of the Supreme Court and other federal courts.
The Constitution can be amended, and the authority to do so is derived from Article V. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed by Congress in the form of a joint resolution, it is forwarded directly to the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format, as well as assembling an information package for the states.
When the OFR receives authenticated ratification documents from three-fourths of the states (38 out of 50), it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice that the amendment process has been completed.
Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members typically proposing around 200 amendments during each two-year term. Twenty-seven amendments have been ratified, including the Bill of Rights, which consists of the first ten amendments. Six amendments have been adopted by Congress but have not been ratified by the required number of states.
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Frequently asked questions
The US Constitution insists on having three branches of government: the legislative, executive, and judicial.
The legislative branch is made up of Congress, which includes the Senate and the House of Representatives. The legislative branch is responsible for making laws.
The executive branch consists of the President and subordinate officers. The President is the head of state, leader of the federal government, and Commander-in-Chief of the US armed forces. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.
Additionally, here are some details on the judicial branch:
The judicial branch consists of the Supreme Court and other federal courts. Federal judges are appointed for life unless they commit serious crimes.
