Malcolm Rivera
The United States Constitution outlines three branches of government: the legislative, executive, and judicial. The Constitution grants Congress the power to regulate interstate commerce, collect taxes, and pass laws. The President, as the head of the executive branch, can veto laws passed by Congress and appoint federal judges, but their appointments must be confirmed by the Senate. The President's power in domestic matters is limited, but they have the power to conduct foreign affairs. The judicial branch, which includes the Supreme Court, is responsible for interpreting the Constitution and ensuring that the other branches do not exceed their powers. The Constitution also divides power between the federal government and state governments, with the federal government having limited powers.
| Characteristics | Values |
|---|---|
| Legislative power | Given to Congress (the House of Representatives and the Senate) |
| Executive power | Invested in the President |
| Judicial power | Vested in one Supreme Court and other federal courts created by Congress |
| Federalism | A government of limited powers |
| Checks and balances | Designed to avoid the tyranny of any one branch |
| Individual liberties | Protection of citizens' personal liberty from government intrusion |
| Powers of Congress | To lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations and among the states; to establish uniform rules of naturalization and bankruptcy laws; to punish counterfeiting; to promote scientific and artistic progress by securing intellectual property rights; to define and punish maritime crimes; to declare war and make rules concerning captures; to make all necessary laws for executing the foregoing powers |
| Powers of the President | To grant pardons and reprieves; to make treaties with the advice and consent of the Senate; to appoint federal judges, ambassadors, and other public officers; to conduct foreign affairs; to veto laws passed by Congress |
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What You'll Learn
The President's power
The President of the United States is the commander-in-chief of the United States Armed Forces and all federalized Militia. They have plenary power to launch, direct, and supervise military operations, order or authorize the deployment of troops, unilaterally launch nuclear weapons, and form military policy with the Department of Defense and Homeland Security. The President also has the power to grant reprieves and pardons for offences against the United States (except in cases of impeachment), sign or veto legislation, ask for the written opinion of their Cabinet, convene or adjourn Congress, and receive ambassadors. They can appoint and remove executive officers, make treaties (subject to Senate ratification), and direct officials on how to interpret the law (subject to judicial review).
The President's role as commander-in-chief has been the subject of much debate, with Congress at times granting the President wide authority and at other times attempting to restrict it. While the President can initiate the process for going to war, only Congress has the power to declare war. Congress also provides a check to presidential military power through its control over military spending and regulation.
The President is the sole repository of the executive powers of the United States, with broad powers to manage national affairs and the priorities of the government. They can unilaterally issue rules, regulations, and instructions, which may be classified in the case of national security directives. In times of war or national emergency, Congress may grant the President broader powers to manage the national economy and protect the security of the United States.
The President's most important appointments, such as federal judges and ambassadors, are subject to confirmation by the Senate. The President may also fill vacancies that occur when the Senate is in recess, though these appointments expire at the end of the Senate's next session. The President is subject to control by Congress in several ways, including Congress's ability to pass laws over the President's veto. The President may be impeached by the House and convicted by two-thirds of the Senate, at which point they are removed from office.
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Congress's power
The United States Constitution divides power between the federal government and the states. It also divides power between the legislative, executive, and judicial branches of the federal government. The legislative power is given to Congress, which consists of the House of Representatives and the Senate.
Congress has the power to pass laws, even over the President's veto. This includes the power to regulate interstate commerce, which limits the states' ability to regulate or tax such commerce. Congress also has the power to lay and collect taxes, duties, imposts, and excises, as well as to provide for the common defence and general welfare of the United States.
Congress can also regulate commerce with foreign nations and Indian tribes, establish uniform rules of naturalization and bankruptcy laws, and punish counterfeiting of securities and current coin. It can promote the progress of science and useful arts by securing exclusive rights for authors and inventors, define and punish piracies and felonies committed on the high seas, and declare war.
Congress also has the power to make all laws that are necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States. This includes the power to impeach the President and remove them from office if convicted by two-thirds of the Senate.
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Federalism
The Constitution establishes a federal system that divides power between the federal government and the states, with the federal government having limited powers. The Framers intended to allow states to establish their own laws without interference from the national government, and the Tenth Amendment reinforces this by specifying that the Constitution reserves any power it does not grant to the federal government for the states or the people.
The federal government is in charge of issues that affect the country as a whole, such as national defence and regulating interstate commerce. The states, on the other hand, have the power to pass laws on issues that are not addressed by the Constitution, and they have the implied power to create and enforce laws necessary to promote public health, safety, and welfare. This power, known as the state police power, is a significant aspect of the US system of government.
Federal-state relations have always been contested, and federalism has evolved through four distinct phases in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present.
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Individual liberties
The Constitution of a nation is a significant document that outlines the fundamental principles, rights, and structures of governance. Among its various components, individual liberties stand as a cornerstone of constitutional democracies worldwide. These liberties, often You may want to see also The United States Constitution divides power between three branches of government: the executive, legislative, and judicial. The judicial power is vested in the Supreme Court and other federal courts created by Congress. The Supreme Court's power is an essential component of the system of checks and balances designed to prevent any one branch from becoming too powerful. The Supreme Court plays a crucial role in interpreting the Constitution and ensuring that the federal government does not exceed its enumerated powers. In this capacity, the Court has the power to strike down federal laws that it deems unconstitutional. This power of judicial review allows the Court to act as a check on the power of Congress and the executive branch, ensuring that they do not overstep their constitutional bounds. In addition to interpreting the Constitution, the Supreme Court also has the power to decide cases and controversies that arise under federal law. This includes the authority to review decisions of lower federal courts and state supreme courts. The Court's decisions can have a significant impact on the interpretation and application of federal law, shaping the legal landscape for the entire nation. The Supreme Court's power extends beyond interpreting the law to include shaping public policy. The Court's rulings on controversial issues such as abortion, same-sex marriage, and voting rights have had far-reaching consequences for American society. While the Court is not supposed to make policy per se, its interpretations of the law can effectively shape the country's direction. While the Supreme Court wields significant power, it is not without its limitations. The Court's decisions are subject to scrutiny and interpretation by legal scholars, and its rulings can be overturned by a constitutional amendment or a subsequent ruling of the Court itself. Additionally, the Court's power is checked by the other branches of government, which can pass laws or take executive actions to limit the impact of the Court's decisions. You may want to see alsoLateral Violence: Reporting Obligations and Their Importance
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