Simone Lawson
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress, the executive branch consists of the president and subordinate officers, and the judicial branch consists of the Supreme Court and other federal courts. The Constitution outlines the roles of various officials, including the president, vice president, federal judges, members of Congress, and state legislators. It establishes the separation of powers and checks and balances between the branches of government. The House of Representatives, led by the speaker, includes majority and minority leaders, whips, and committees. The Constitution also addresses the process of impeachment and the roles of officers in the military. The framers of the Constitution drew on the ideas of political philosophers, such as Hume and Locke, and the principles of the Scottish Enlightenment, English common law, and the Magna Carta.
| Characteristics | Values |
|---|---|
| Branches of the U.S. government | Legislative, Executive, and Judicial |
| Legislative Branch | Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress |
| Executive Branch | President and subordinate officers, executive departments, independent agencies, and other boards, commissions, and committees |
| Judicial Branch | Supreme Court and other federal courts |
| House Leadership | Speaker, Majority and Minority Leaders, Assistant Leaders, Whips, and a Party Caucus or Conference |
| Number of Representatives | Not exceed one for every 30,000, with each state having at least one representative |
| Requirements to be a Representative | Minimum age of 25, U.S. citizen for at least seven years, and inhabitant of the state represented |
| Powers of the House | Sole power of impeachment, choosing its Speaker and other officers, and judging the elections, returns, and qualifications of its members |
| Constitution's Influence | Influenced by political philosophers like Blackstone, Hume, Locke, and Montesquieu, as well as the Scottish Enlightenment, Magna Carta, and English common law |
| Presidential Terms | While not limited in the original Constitution, the precedent of two terms was set by George Washington |
| Amendments | The Twenty-fifth Amendment (1967) clarifies presidential succession in cases of death, removal, or resignation |
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What You'll Learn
- Legislative branch: Congress, the Senate, and the House of Representatives
- Executive branch: the President and their subordinate officers
- Judicial branch: the Supreme Court and federal judges
- House leadership: the Speaker, majority and minority leaders, assistant leaders, and whips
- Checks and balances: each branch can respond to the actions of the other branches
Legislative branch: Congress, the Senate, and the House of Representatives
Article I of the US Constitution establishes a Legislative Branch with a House and Senate, together forming the United States Congress. This is one of the three coequal branches of government, with significant powers ascribed by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. Each state is represented in the House based on its population and has at least one representative. To be elected to the House, a person must be at least 25 years old, a citizen of the United States for seven years or more, and a resident of the state that they represent. Members of the House of Representatives serve two-year terms. The House leadership includes the speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference. The speaker acts as the leader of the House and is elected by the Representatives. The House’s standing committees have different legislative jurisdictions. Each considers bills and issues and recommends measures for consideration by the House.
The US Senate consists of 100 members, with each state having two senators. The US territories and the District of Columbia are not represented in the Senate. Senators are elected for six-year terms, and every two years, 1/3 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 represent. The Vice President of the United States serves as President of the Senate and may cast the deciding vote in the event of a tie. The Senate has the sole power to confirm the President's appointments that require consent and to ratify treaties, except in the case of appointments to the Vice Presidency and any treaties involving foreign trade, which also require the approval of the House.
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Executive branch: the President and their subordinate officers
The executive branch of the US government is headed by the President, who is the Commander-in-Chief of the armed forces and is responsible for implementing and enforcing the laws written by Congress. The President is supported by the Executive Office of the President (EOP), which was created in 1939 to aid the President in communicating their message to the American people and promoting trade interests abroad. The EOP is overseen by the White House Chief of Staff and is home to many of the President's closest advisers, including the White House Communications Office and Press Secretary’s Office.
The President has the power to sign legislation into law or veto bills enacted by Congress, although Congress can override a veto with a two-thirds vote of both houses. The President also conducts diplomacy with other nations and can negotiate and sign treaties, which must be ratified by two-thirds of the Senate. Additionally, the President can issue executive orders, directing executive officers and clarifying or implementing existing laws.
The Vice President is part of the executive branch and is ready to assume the Presidency if needed. The duties of the Vice President are generally at the discretion of the President, and they often serve as a top adviser. The President is also supported by the Cabinet, an advisory body made up of the heads of the 15 executive departments, who are appointed by the President and confirmed by the Senate. The Cabinet includes the Vice President, heads of executive departments, and other high-ranking government officials.
The Attorney General is another key official in the executive branch, representing the United States in legal matters, advising the President and executive departments, and appearing before the Supreme Court. The Department of Justice (DOJ), which the Attorney General leads, is the world's largest law office and plays a critical role in enforcing federal laws.
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Judicial branch: the Supreme Court and federal judges
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts.
The Supreme Court is the highest court in the United States and has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court plays an important role in ensuring that each branch of government recognizes the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. The Court usually hears oral arguments before issuing a ruling, where the various parties to the suit present their arguments and the Justices ask them questions.
Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life and can only be removed through impeachment by the House of Representatives and conviction in the Senate. This insulation from the temporary passions of the public allows them to apply the law with only justice in mind, without electoral or political concerns.
The judicial branch operates within a system of checks and balances, where each branch of government can respond to the actions of the others. For example, while federal laws are passed by Congress and signed by the President, the judicial branch has the authority to decide the constitutionality of those laws. However, judges depend on the executive branch to enforce court decisions.
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House leadership: the Speaker, majority and minority leaders, assistant leaders, and whips
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 includes the House of Representatives and the Senate.
House leadership includes the Speaker, majority and minority leaders, assistant leaders, and whips. The Speaker of the House acts as the leader of the House and combines several institutional and administrative roles. The Speaker is the highest-ranking member of their party's House caucus, followed by the House Majority Leader. The Majority Leader is responsible for setting the annual legislative agenda, scheduling legislation, and coordinating committee activity. They are assisted by the Majority Whip, who helps to coordinate ideas and garner support for proposed legislation. The Minority Leader serves as the floor leader of the opposition party and is the counterpart to the Speaker. They are responsible for speaking for their party in the House and protecting its rights. The Minority Whip, in turn, assists the Minority Leader in coordinating the party's responses to legislation and other matters.
The assistant majority leader and assistant minority leader of the House, commonly referred to as whips, are the second-ranking members of each party's leadership. Whips assist their respective parties in managing their legislative programs on the House floor. They keep track of legislation and ensure their party members are present for important votes. The Chief Deputy Whip is the primary assistant to the whip and is responsible for counting votes for their party.
The House also has standing committees with different legislative jurisdictions, each considering bills and issues and recommending measures for consideration by the House. The Committee of the Whole House is a committee on which all representatives serve and which meets in the House Chamber to consider measures from the Union calendar. The Rules Committee, for example, controls which bills go to the House Floor and the terms of debate.
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Checks and balances: each branch can respond to the actions of the other branches
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 power and establishes a system of checks and balances, allowing each branch to respond to the actions of the others.
The legislative branch, made up of Congress (the Senate and House of Representatives), creates laws. The House of Representatives includes a speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference. The Senate provides equal representation for all states, while the House of Representatives provides representation based on district populations.
The executive branch, led by the President, enforces the law through federal agencies and can issue executive orders that carry the force of law. The President also nominates the heads of federal agencies, high court appointees, and Supreme Court justices.
The judicial branch, including the Supreme Court and other federal courts, interprets the laws. While the President nominates judges, the legislative branch confirms or rejects these nominations. Additionally, Congress can impeach and remove judges from office.
- The President can veto legislation created by Congress.
- Congress can override a presidential veto with a two-thirds majority vote in both houses.
- Congress can also remove the President from office in exceptional circumstances.
- The judicial branch can declare laws or executive orders unconstitutional.
- The Supreme Court, with justices nominated by the President and confirmed by the Senate, can overturn unconstitutional laws.
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Frequently asked questions
Three: the legislative, executive, and judicial.
The legislative branch consists of the bicameral Congress, which includes the Senate and the House of Representatives.
The executive branch consists of the President and subordinate officers.
The judicial branch consists of the Supreme Court and other federal courts.
The House of Representatives represents citizens based on district populations. The House also has the sole power of impeachment.
