Isabella Carter
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. The legislative branch, or Congress, consists of the Senate and the House of Representatives, and holds enumerated powers, including the power to lay and collect taxes, regulate commerce, and declare war. The executive branch is headed by the President, who is the Commander-in-Chief of the US armed forces and is supported by the Vice President and Cabinet members. The judicial branch, headed by the Supreme Court, interprets the Constitution and federal laws and ensures that the other branches do not abuse their powers. In addition to the federal government, the Constitution also outlines the powers of state governments, with the Tenth Amendment reserving powers not delegated to the federal government for the states or the people.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Legislative Branch Powers | The power to lay and collect taxes, duties, imposts, and excises; regulate commerce with foreign nations, and among the states and with Indian tribes; establish uniform rules of naturalization and bankruptcy laws; punish counterfeiting; promote the progress of science and the arts by securing intellectual property rights; define and punish piracies and felonies on the high seas; declare war and make rules concerning captures; provide for a national defence |
| Executive Branch Powers | The President is the Commander-in-Chief of the armed forces, and the Vice President supports the President and presides over the Senate |
| Judicial Branch Powers | The power to try impeachments, with the Senate having the sole power to convict with a two-thirds majority |
| State Powers | Health, education, and welfare; the Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people |
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What You'll Learn
Federal vs. state power
The United States employs a system of government called federalism, which divides powers between national and regional governments. Federalism allows states to test ideas independently, acting as "laboratories of democracy".
The Tenth Amendment to the US Constitution 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." This amendment was added to protect state power and limit the federal government's ability to act.
The US Constitution grants Congress the power to make laws and execute the powers vested in the government. This includes the power to levy and collect taxes, regulate commerce with foreign nations and among the states, establish uniform rules of naturalization, and declare war. The Necessary and Proper Clause gives the federal government certain implied powers to carry out its express constitutional powers.
State governments retain powers that are not assigned to the federal government or prohibited to the states by the Constitution. States have their own constitutions, which limit their legislative powers.
In practice, federalism has evolved over time, and power struggles between federal and state governments continue. For example, states have legalized marijuana for personal and medical use, while federal law bans it as a controlled substance. The Supreme Court upheld the federal government's power to regulate marijuana, demonstrating federal law's supremacy over state law.
Other areas of contention between state and federal powers include immigration, healthcare, and public health. The federal government has the power to regulate immigration, but states may try to restrict it or increase border control. During the COVID-19 pandemic, federal authority over critical nationwide issues clashed with state authority over public safety, schools, and businesses.
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Legislative branch powers
The US Constitution establishes a Legislative Branch with a House and Senate, together forming the United States Congress. This branch is ascribed significant powers by the Constitution, including all legislative power in the government, meaning that only Congress can make new laws or change existing ones.
The House of Representatives has several exclusive powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The House is made up of 435 elected members, divided among the 50 states in proportion to their total population, with each state having between one and 52 representatives. There are also 6 non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories.
The Senate, on the other hand, has 100 members, 2 for each state, elected to six-year terms. The Vice President of the United States serves as President of the Senate and can cast a decisive vote in the event of a tie. The Senate has the sole power to confirm the President's appointments and ratify treaties.
Congress has the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and among the states. It can also establish uniform rules of naturalization and uniform laws on bankruptcy. Congress has the authority to enact legislation and declare war, and it can confirm or reject Presidential appointments. It also possesses substantial investigative powers and can remove the President from office in exceptional circumstances.
Congress must assemble at least once a year, with each House keeping a journal of its proceedings. Each House is the judge of the elections, returns, and qualifications of its members, and a majority constitutes a quorum to do business. Each House may determine the rules of its proceedings and can expel a member with a two-thirds concurrence.
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Executive branch powers
The Executive Branch of the US federal government is established by Article II of the Constitution. The federal executive power is vested in the President, who acts as the head of state and Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the Federal agencies, including the Cabinet. The Vice President is also part of the Executive Branch and maintains an office in the West Wing of the White House. The President has the power to sign legislation into law or veto bills passed by Congress, although this can be overridden by a two-thirds vote of both houses.
The Executive Branch also conducts diplomacy with other nations, and the President has the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. The President can issue executive orders, which direct executive officers or clarify and help implement existing laws. They have the power to require written opinions from the heads of executive departments and the authority to appoint the agents charged with enforcing the laws. The President can also grant pardons and clemencies for federal crimes, except in cases of impeachment.
The Executive Branch includes agencies such as the Department of Defense, the Environmental Protection Agency, the Social Security Administration, and the Securities and Exchange Commission. The Department of Homeland Security (DHS) was established in 2002 and consolidated 22 executive branch agencies, including the U.S. Customs Service, the U.S. Coast Guard, and the Federal Emergency Management Agency.
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Judicial branch powers
Article III of the US Constitution establishes the Judicial Branch and grants it several powers and responsibilities. Firstly, it guarantees every person accused of wrongdoing the right to a fair trial before a competent judge and a jury of their peers. This ensures that all individuals facing allegations of misconduct have the opportunity to defend themselves in a just and impartial legal proceeding.
The Judicial Branch's power extends to a range of cases, including those arising under the Constitution, laws of the United States, and treaties made under their authority. It also covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. Additionally, the Judicial Branch has jurisdiction over controversies in which the United States is a party, disputes between two or more states, and cases between citizens of different states or the same state claiming lands under grants of different states.
The Supreme Court, the highest court in the land, holds original jurisdiction in cases affecting ambassadors, public ministers, consuls, and those in which a state is a party. In all other cases mentioned above, the Supreme Court has appellate jurisdiction, meaning it can review decisions made by lower courts. The Supreme Court hears relatively few cases each year, with most federal cases being tried in district courts and appealed to the United States courts of appeals.
Federal courts have the exclusive power to interpret the law, determine its constitutionality, and apply it to individual cases. This power of judicial review ensures that laws are consistent with the Constitution and protects the rights of individuals. Federal judges serve for life, only leaving their position upon death, retirement, or conviction by the Senate.
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Impeachment powers
Impeachment is the process of bringing charges against a government official for wrongdoing. The Constitution grants Congress the power to impeach federal officials, including the president, vice president, and all civil officers of the United States. The House of Representatives has the sole power to initiate impeachment proceedings and bring articles of impeachment (charges) against an official. If the House adopts the articles by a simple majority vote, the official stands impeached. The Senate then holds an impeachment trial, sitting as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. In the case of a presidential impeachment trial, the Chief Justice of the United States presides.
The impeachment process serves as a check and balance in the system of government. It allows Congress to hold accountable those in power for "treason, bribery, or other high crimes and misdemeanors." However, the exact definition of "high crimes and misdemeanors" has long been debated and is not explicitly defined in the Constitution.
During an impeachment trial, the Senate acts as a jury, with the power to convict and remove the impeached official from office. For conviction, a two-thirds majority vote of the Senate is required. The penalty for an impeached official upon conviction is removal from office, and they may be disqualified from holding public office in the future. However, impeachment does not preclude criminal liability, and the impeached official remains liable and subject to indictment, trial, judgment, and punishment according to law.
Throughout history, the House has initiated impeachment proceedings over 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator. Of those impeached, eight officials, all federal judges, were found guilty and removed from office. Additionally, many local governments have their own impeachment procedures, allowing state legislatures to impeach governors and other state officials.
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Frequently asked questions
The US Constitution divides the federal government into three branches: legislative, executive, and judicial.
The legislative branch consists of Congress, which is made up of the Senate and the House of Representatives. Powers of this branch include the ability to lay and collect taxes, duties, imposts, and excises, as well as the power to regulate commerce with foreign nations and among the states. Congress also has the power to declare war and establish rules concerning captures on land and water.
The executive branch is headed by the President, who is the Commander-in-Chief of the armed forces. The President is supported by the Vice President, who can take over if the President is unable to serve. The executive branch has the power to make laws necessary for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government.
