Simone Lawson
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. The legislative power is vested in Congress, which includes the Senate and House of Representatives. The executive power is held by the President, who is the Commander-in-Chief of the armed forces and can grant reprieves and pardons for offenses against the US. The judicial branch interprets and reviews laws and is made up of the Supreme Court and other federal courts. Each branch has specific powers and responsibilities, with checks and balances built-in to ensure a balance of power.
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What You'll Learn
Legislative power is vested in Congress
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This ensures that no individual or group will have too much power.
The Legislative Branch is made up of Congress, which consists of a Senate and a House of Representatives. The Constitution grants Congress the sole authority to enact legislation and make new laws or change existing ones. This means that Congress is the only part of the government that can turn a bill into a law. While the President may veto bills passed by Congress, Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives.
Congress has many enumerated powers, including the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations, among the several states, and with Indian tribes; to establish uniform rules of naturalization and uniform laws on bankruptcy; to promote the progress of science and useful arts by securing exclusive rights to authors and inventors; to define and punish piracies and felonies committed on the high seas; to declare war; to raise and support armies; and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
Congress also has the power to confirm or reject Presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, as well as substantial investigative powers. The House of Representatives has the sole power of impeachment, while the Senate has the sole power to try all impeachments.
The Legislative Vesting Clause of the Constitution limits the powers of Congress to those expressly granted in the nation's founding document, diffuses legislative power by creating a legislature with two chambers, and restricts the extent to which the other branches of government can exercise legislative power. However, scholars debate whether the Framers intended the Clause to prohibit Congress from delegating power to other branches or private entities.
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Executive power is vested in the President
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The executive power is vested in the President of the United States of America. The President is the head of state, the leader of the federal government, and the Commander-in-Chief of the US armed forces. The President is also Commander-in-Chief of the Army, Navy, and Militia of the several States when called into the service of the United States.
The President's powers include the ability to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The President also has the power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions that expire at the end of their next session.
The President is elected for a term of four years, along with the Vice President, who is chosen for the same term. Each state appoints electors, who meet in their respective states and vote for two people, of whom one must not be an inhabitant of the same state. These electors make a list of the people voted for and the number of votes cast, which is sent to the President of the Senate.
The President's role also includes receiving advice from the principal officer in each of the executive departments, and the power to declare war.
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Judicial power is vested in the Supreme Court
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The legislative branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. The legislative branch has various powers, including the power to lay and collect taxes, regulate commerce, establish laws, and declare war.
The executive branch is headed by the President, who is the Commander-in-Chief of the US armed forces and the leader of the federal government. The President holds office for a term of four years and is responsible for executing the laws and defending the Constitution. The President also has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
The judicial power is vested in the Supreme Court, which is the highest judicial body in the United States. The Supreme Court plays a crucial role in interpreting the Constitution and ensuring that the other branches of government do not exceed their constitutional powers.
The Supreme Court has original jurisdiction over a limited range of cases, including those involving foreign diplomats and disputes between states. However, its primary function is to hear appeals from lower federal courts and state courts. The Court's decisions can shape the interpretation of laws and the Constitution, making it a powerful force in shaping US policy.
The Court's approach to interpreting the Constitution has varied over the years. At times, it has adopted a formalist approach, closely adhering to the structural divisions in the Constitution. On other occasions, it has taken a more functional approach, emphasising core functions and relationships and allowing for flexibility. This vacillation between approaches highlights the complexity of constitutional interpretation and the Court's role in balancing the separation of powers.
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Congress can declare war
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. This ensures that no individual or group has too much power.
The legislative branch is made up of Congress (the Senate and the House of Representatives). Congress has various powers, including the power to declare war. This power is outlined in Article I, Section 8 of the US Constitution, which states that Congress has the power to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".
The power to declare war is a significant responsibility and is one of the key ways that Congress can shape the country's foreign policy and protect national security. When Congress declares war, it authorises the use of military force and sets in motion a series of actions that can have far-reaching consequences.
However, it is important to note that the power to declare war is not absolute. While Congress has the power to initiate a declaration of war, the President is the Commander in Chief of the US armed forces. This means that the President leads the military and has significant influence over foreign policy decisions, including how to utilise the military during times of war.
The relationship between Congress and the President in matters of war has evolved over time, with the two branches sometimes adopting different approaches to the use of military force. For example, during the Vietnam War, there were notable differences in how Congress and the President exercised their war powers. Nonetheless, the power to declare war remains a key prerogative of Congress, underscoring its crucial role in the nation's defence and foreign affairs.
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The President can grant pardons
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 wields too much power.
The President, as the head of state, leader of the federal government, and Commander-in-Chief of the US Armed Forces, has the power to grant pardons. This power is considered plenary and cannot generally be restricted or modified by Congress or the judiciary. The President may grant pardons on their own accord or in response to requests made through the US Department of Justice's Office of the Pardon Attorney.
A pardon is an expression of the President's forgiveness and is typically granted when the applicant accepts responsibility for their crime and demonstrates good conduct for a significant period after their conviction or completion of their sentence. While a pardon does not signify innocence, it restores civil rights and reverses statutory disabilities associated with a criminal conviction, such as firearm rights and occupational licensing.
The President's pardon power does not extend to cases of impeachment, meaning they cannot use it to stop or undo the effects of impeachment and conviction. Additionally, the President cannot pardon state criminal offenses; clemency in such cases must be sought from the Governor or other appropriate state authorities.
The number of pardons granted has varied across different presidential administrations, with fewer pardons granted since World War II. Notable examples of presidential pardons include President Gerald Ford's pardon of Richard Nixon for any possible crimes connected to the Watergate scandal, and President Bill Clinton's pardon of Henry Ossian Flipper.
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Frequently asked questions
The US Constitution divides the federal government into three branches: legislative, executive, and judicial.
The legislative branch is made up of Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. Congress is responsible for making laws, raising and supporting armies, regulating commerce, and declaring war, among other duties.
The President of the United States is the head of the executive branch and is the Commander in Chief of the armed forces. The President can grant reprieves and pardons for offenses (except in cases of impeachment) and fill vacancies during the recess of the Senate.
The judicial branch interprets the laws made by the legislative branch and ensures that the other two branches do not usurp each other's authority.
The separation of powers ensures that no individual or group has too much power and protects against tyranny.
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