Omar Bennett
The US Constitution divides the government into three branches, each with its own set of constitutional powers: the Legislative Branch, the Executive Branch, and the Judicial Branch. The Legislative Branch, or Congress, is responsible for making laws, while the Executive Branch, led by the President, enforces these laws. The Judicial Branch interprets the laws and ensures that the other two branches do not accumulate too much power. Each branch has specific duties and powers outlined by the Constitution, such as the power to lay and collect taxes, regulate commerce, and coin money, with the President also serving as Commander-in-Chief of the armed forces.
| Characteristics | Values |
|---|---|
| Number of branches of government | 3 |
| First branch | Legislative Branch |
| Second branch | Executive Branch |
| Third branch | Judicial Branch |
| Legislative Branch's best-known power | Make laws |
| Executive Branch is also known as | The President's branch |
| Executive Branch's well-known power | Enforcing laws and commanding armed forces |
| Legislative Branch's power | Power of impeachment |
| Senate's power | Try all impeachments |
| Congress's power | To lay and collect taxes, duties, imposts, and excises |
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What You'll Learn
- Legislative Branch: makes laws, e.g., the power to lay and collect taxes
- Executive Branch: executes laws, e.g., the President can approve or veto bills
- Judicial Branch: interprets laws and ensures the other two branches do not have too much power
- Powers of the President: Commander-in-Chief, power to grant reprieves and pardons
- Powers of Congress: to impeach, borrow money, regulate commerce, coin money
Legislative Branch: makes laws, e.g., the power to lay and collect taxes
The US Constitution divides the government into three branches: the legislative, the executive, and the judicial. The legislative branch, which consists of the Senate and the House of Representatives, is responsible for making laws. This branch has the power to pass laws, but it does not have the authority to pass any law it wants. The executive branch, led by the President, can check the legislative branch by vetoing bills.
The legislative branch, also known as Congress, has the power to "lay and collect taxes, duties, imposts, and excises" as outlined in Article I, Section 8 of the US Constitution. This is often referred to as the "Taxing and Spending Clause" or Congressional spending power. This power allows Congress to collect taxes from individuals and businesses to fund American necessities, such as welfare aid and military funding. The Internal Revenue Code (IRC) is the primary law governing income taxes, and it is codified as Title 26 of the United States Code.
The legislative branch's power to tax is essential for the functioning of the government. Without the ability to tax, the government would have limited resources and struggle to fund its activities. The power to tax allows the government to generate revenue to police its citizens, protect the country from foreign invaders, and regulate commerce.
The legislative branch's authority to lay and collect taxes is not unlimited. The Constitution establishes a system of checks and balances to ensure that no branch, including the legislative, has too much power. The executive branch can veto a bill if it believes it will cause harm or is unfair, providing a check on the legislative branch's power. Additionally, states have the authority to impose and collect their own taxes, such as income taxes, sales taxes, and property taxes, as per their individual tax statutes.
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Executive Branch: executes laws, e.g., the President can approve or veto bills
The US Constitution divides the government into three branches: the legislative, the executive, and the judicial. Each branch has its own distinct role and powers.
The Executive Branch is responsible for executing the laws of the United States and commanding the armed forces, with the President as Commander-in-Chief. This branch includes the President, Vice President, and the President's advisors, also known as the Cabinet.
One of the key powers of the Executive Branch is the ability to enforce laws. This involves interpreting laws passed by the Legislative Branch and ensuring their implementation. The Executive Branch has the authority to issue regulations with the force of law, but these regulations must be authorised by laws enacted by Congress.
A significant aspect of the Executive Branch's power is the President's ability to approve or veto bills. When a bill passes both houses of Congress, it is presented to the President for approval. The President has the option to approve the bill and sign it into law or to veto it, which means refusing to approve and sending it back to Congress. This power of approval or veto is outlined in Article I, Section 7, Clause 2 of the Constitution, commonly referred to as the "'Presentment Clause.'"
The President's veto can be overridden by Congress in certain situations. If the President vetoes a bill, Congress can vote to override the veto, and the bill can still become a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill is considered vetoed by default, known as a "pocket veto," which cannot be overridden by Congress.
The Executive Branch's power to execute laws and the President's ability to approve or veto bills are essential aspects of the US government's system of checks and balances. This system ensures that no single branch holds excessive power and that there is accountability between the branches.
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Judicial Branch: interprets laws and ensures the other two branches do not have too much power
The US Constitution divides the government into three branches: the legislative branch, the executive branch, and the judicial branch. Each branch has its own distinct role and powers.
The Judicial Branch, established by Article III of the Constitution, is responsible for interpreting and reviewing the laws of the nation. It ensures that the other two branches do not accumulate too much power. This branch comprises the federal courts, with the Supreme Court at its apex, followed by lower courts such as federal district courts and appellate courts.
The Supreme Court is the highest court in the nation, and its decisions are final and cannot be appealed. It interprets the meaning of laws, decides on their relevance to specific cases, and rules on their application. The Supreme Court also has original jurisdiction in cases involving ambassadors, public ministers, consuls, and controversies between states.
The lower courts, including the federal district courts, handle the majority of federal cases. If a party loses a case in a federal district court, they can appeal to a higher court, such as the Circuit Court of Appeals, and if necessary, to the Supreme Court. The Supreme Court only hears a limited number of cases each year, focusing on significant constitutional matters.
The Judicial Branch plays a crucial role in maintaining the balance of power between the three branches of government. It ensures that the legislative and executive branches operate within the boundaries set by the Constitution and interprets the laws they create and execute. This system of checks and balances is a fundamental aspect of the US constitutional framework.
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Powers of the President: Commander-in-Chief, power to grant reprieves and pardons
The US Constitution divides the government into three branches: the legislative, the executive, and the judicial. Each branch has its own unique role and powers. The executive branch, which is made up of the President, Vice President, and the President's advisors, is responsible for enforcing the laws of the United States and commanding the armed forces. This is why the President is referred to as the Commander-in-Chief.
As Commander-in-Chief, the President has the power to:
- Enforce the laws of the United States
- Command the armed forces
- Veto bills passed by the legislative branch
In addition to their role as Commander-in-Chief, the President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. A pardon is an act of grace, an expression of the President's forgiveness, and an exemption from punishment for a crime committed. It is important to note that a pardon does not signify innocence but can restore civil rights and reverse statutory disabilities associated with a criminal conviction. The President's pardon power also includes the ability to grant conditional pardons, commutations of sentences, and amnesties.
The power to grant reprieves and pardons has been a part of the US Constitution since its inception, with George Washington first using this power in 1795 to grant amnesty to participants of the Whiskey Rebellion. While the President has the authority to grant pardons, there have been discussions and disagreements about how and where this power should be exercised. Some have proposed that certain exceptions, such as treason, should require approval from the Senate.
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Powers of Congress: to impeach, borrow money, regulate commerce, coin money
The US Constitution grants Congress certain powers, including the power to impeach, borrow money, regulate commerce, and coin money. These powers are derived from various sections and clauses within Article I, which outlines the legislative branch's powers and responsibilities.
The power to impeach is vested in the House of Representatives, which can charge an official of the federal government, including the president, vice president, or civil officers, with "Treason, Bribery, or other high Crimes and Misdemeanors." After approving articles of impeachment by a simple majority vote, the House sends them to the Senate, which acts as a High Court of Impeachment. The Senate considers evidence, hears witnesses, and votes to acquit or convict, requiring a two-thirds majority for conviction, resulting in removal from office and potential disqualification from holding future public offices.
Congress also has the power to borrow money on the credit of the United States. This power, outlined in Article I, Section 8, Clause 2, creates a binding obligation for the US government to repay debts as stipulated. However, Congress cannot unilaterally change the terms of its agreements. This power has been interpreted by the courts, with cases such as Perry v. United States and Lynch v. United States shaping the understanding of Congress's borrowing authority.
The Commerce Clause, found in Article I, Section 8, Clause 3, grants Congress the authority "to regulate commerce with foreign nations, among states, and with the Indian tribes." This clause has been interpreted broadly, with the Supreme Court recognising that Congress can regulate state activities if they substantially affect interstate commerce. However, in United States v. Lopez, the Court curtailed Congress's mandate under the Commerce Clause, emphasising that Congress's power extends to regulating channels and instrumentalities of commerce and actions that substantially affect it.
Additionally, Congress has the power to coin money, as outlined in Article I, Section 8. This power relates to the creation and issuance of currency, contributing to the economic stability and monetary policy of the United States.
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Frequently asked questions
There are three branches of government in the US, and therefore three types of constitutional powers: the Legislative Branch, the Executive Branch, and the Judicial Branch.
The Legislative Branch, also known as Congress, is responsible for making laws. It is made up of the House of Representatives and the Senate.
The Executive Branch is responsible for executing and enforcing the laws of the US. It is made up of the President, Vice President, and the President's advisors (the Cabinet). The President is also known as the Commander-in-Chief of the US military.
