
The United States 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. The legislative branch, which consists of Congress (the Senate and House of Representatives), is in charge of all lawmaking in the United States. The executive branch, led by the President, holds the power to enforce laws and conduct foreign affairs. The President also has the authority to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. The judicial branch, including the Supreme Court and other federal courts, has the power to overturn unconstitutional laws. Each branch can check the actions of the others, creating a system of balances that allows for efficient and effective governance while preserving the liberty of US citizens.
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What You'll Learn
- The legislative branch: Congress makes laws and is composed of the Senate and House of Representatives
- The executive branch: The President enforces laws, appoints agents, and leads the armed forces
- The judicial branch: The Supreme Court can overturn unconstitutional laws
- Checks and balances: Each branch can respond to the actions of the others
- Separation of powers: No branch has absolute power, preventing tyranny

The legislative branch: Congress makes laws and is composed of the Senate and House of Representatives
The legislative branch of the US government is comprised of Congress, which is made up of the Senate and the House of Representatives. This branch is responsible for making laws and is granted "all legislative powers" by the Constitution.
The House of Representatives is composed of members chosen every two years by the people of the various states. To be a Representative, one must be at least 25 years old, have been a US citizen for at least seven years, and be an inhabitant of the state they are chosen to represent. Representatives are apportioned among the states according to their respective populations.
The Senate, on the other hand, has the sole power to try impeachments. When the President of the United States is tried, the Chief Justice presides, and no person can be convicted without the concurrence of two-thirds of the Members present. The judgment in impeachment cases does not extend beyond removal from office and disqualification from holding any office of honour, trust, or profit under the United States.
Congress has the power to make all laws necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States. It can also impose taxes and duties on imports and exports, regulate interstate commerce, and establish post offices and post roads. Additionally, Congress has the power to coin money, declare war, raise and support armies, provide and maintain a navy, and make rules for the governance of the land and naval forces.
The legislative branch operates under a system of checks and balances, where it can respond to the actions of the other branches of government. For example, Congress can confirm or reject presidential nominations for heads of federal agencies and federal judges, and it can also remove the president from office in exceptional circumstances.
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The executive branch: The President enforces laws, appoints agents, and leads the armed forces
The United States 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.
The executive branch is headed by the President, who is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces. The President enforces the laws, appoints agents, and leads the armed forces.
The President's role as Commander in Chief gives them the authority to lead the Army, Navy, and Militia of the United States. They can also call on the written opinions of the heads of executive departments and have the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The President's power to appoint agents includes the ability to fill vacancies during the recess of the Senate, by granting commissions that expire at the end of the next Senate session. They also nominate heads of federal agencies and high court appointees, such as the Justices of the Supreme Court.
The President's role in enforcing the laws includes the power to veto legislation created by Congress and the duty to ensure that the laws are faithfully executed. This does not mean that the President can make laws, but officials appointed by the President may exercise regulatory or quasi-judicial powers.
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The judicial branch: The Supreme Court can overturn unconstitutional laws
The United States Constitution divides the federal government into three branches: the legislative, the executive, and the judicial. The judicial branch includes the Supreme Court and other federal courts.
The Supreme Court is the highest court in the country and has the final say in interpreting the Constitution and federal laws. This power allows the Supreme Court to check the other branches of government by declaring laws or actions unconstitutional if they go against the Constitution. This process is known as judicial review, a key power of the judiciary, which allows courts to examine the constitutionality of laws and actions taken by the legislative and executive branches.
While the Supreme Court has the power to overturn unconstitutional laws, Congress can also check the Supreme Court's decisions. When Congress disagrees with the Supreme Court's interpretation of the Constitution, the only direct way to override it is for two-thirds of both houses of Congress to propose an amendment to the Constitution, which then must be ratified by three-quarters of the states. This is a difficult task and has not been done in over 30 years. However, Congress can achieve the same goals without amending the Constitution by enacting statutes that extend constitutional principles through one of its enumerated powers. Additionally, Congress can pass new legislation or amend existing laws to address the issues raised by the court's decision, but these laws are subject to review by the Supreme Court, which can invalidate them.
In summary, while the Supreme Court can overturn unconstitutional laws, Congress has the power to respond to and check the Supreme Court's decisions through various means, demonstrating the system of checks and balances between the judicial and legislative branches established by the Constitution.
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Checks and balances: Each branch can respond to the actions of the others
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 protects the life, liberty, and pursuit of happiness of citizens. Each branch has separate powers, but they also overlap, allowing each branch to respond to the actions of the others. This system of checks and balances is designed to prevent tyranny and promote effective governance.
The legislative branch, consisting of Congress (the Senate and House of Representatives), is responsible for all lawmaking in the United States. Congress has the power to pass laws, levy taxes, regulate commerce, and declare war. It also has the power to confirm or reject presidential nominations for federal agencies, federal judges, and the Supreme Court.
The executive branch, led by the President, is responsible for executing the laws enacted by the legislative branch. The President is the Commander-in-Chief of the armed forces, has the power to grant pardons, and can make appointments and treaties. The executive branch also includes executive departments, independent agencies, and various boards and commissions.
The judicial branch, which includes the Supreme Court and other federal courts, has the power to interpret the laws and determine their constitutionality. The Supreme Court can overturn unconstitutional laws and plays a crucial role in checking the power of the other two branches.
The system of checks and balances allows each branch to hold the others accountable and prevent the accumulation of power in a single branch. For example, the President can veto legislation passed by Congress, but Congress can override the veto with a two-thirds majority vote. Congress can also remove the President from office through impeachment, and the Supreme Court can strike down laws passed by Congress if they are found to be unconstitutional.
The separation of powers and the system of checks and balances are fundamental principles of the US Constitution, designed to protect the rights and liberties of citizens and ensure a balanced and effective system of governance.
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Separation of powers: No branch has absolute power, preventing tyranny
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 prevents tyranny.
The legislative branch, as outlined in Article I of the Constitution, consists of Congress, which is made up of the Senate and the House of Representatives. This branch holds all legislative powers, including the power to make laws and levy taxes. It also has the power to confirm or reject presidential nominations for federal agencies, federal judges, and the Supreme Court.
The executive branch, as outlined in Article II, is headed by the President, who is the Commander-in-Chief of the armed forces and is responsible for executing the laws of the nation. The President has the power to grant reprieves and pardons, except in cases of impeachment, and to fill vacancies during the recess of the Senate. The executive branch also includes executive departments, independent agencies, and other boards and committees.
The judicial branch includes the Supreme Court and other federal courts. It has the power to overturn unconstitutional laws and try cases of impeachment.
Each branch of the US government has separate powers and can check the actions of the other branches, creating a system of checks and balances. For example, the President can veto legislation created by Congress, but Congress can remove the President from office in exceptional circumstances. This separation of powers ensures that no single branch has absolute power and protects the liberties of US citizens.
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Frequently asked questions
The legislative branch is made up of Congress, which consists of the Senate and House of Representatives. Congress is in charge of all lawmaking in the United States, with legislative power divided between the Senate and House of Representatives. Congress also has the power to confirm or reject presidential nominations for heads of federal agencies, federal judges, and the Supreme Court.
The executive power is vested in the President of the United States, who is the Commander-in-Chief of the armed forces. The President has the power to grant reprieves and pardons for offences against the United States (except in cases of impeachment), and to fill up vacancies during the recess of the Senate. The President also has the authority over foreign affairs and is the only one with the power to speak or listen as a representative of the nation.
The judicial branch includes the Supreme Court and other federal courts. The Justices of the Supreme Court, nominated by the President and confirmed by the Senate, can overturn unconstitutional laws.

























