Eleanor Finch
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The first three articles of the Constitution establish these three branches and their powers. The legislative branch, consisting of the House of Representatives and the Senate, is responsible for making laws. The executive branch, headed by the President, enforces the laws. The judicial branch, which includes the Supreme Court and other federal courts, interprets the laws. This separation of powers and system of checks and balances ensures that no individual or group has too much power.
| Characteristics | Values |
|---|---|
| Number of branches | 3 |
| Branches | Legislative, Executive, Judicial |
| Legislative Branch | Made up of the House of Representatives and the Senate, which together form the United States Congress |
| Executive Branch | Headed by a President |
| Judicial Branch | Includes the Supreme Court and other federal courts |
| Purpose | To ensure that no individual or group will have too much power |
| Powers | Each branch has its own powers and duties |
| Checks and Balances | Each branch can respond to the actions of the other branches, preventing any one branch from becoming dominant |
| Amendment Process | Described in Article V of the Constitution, requiring a two-thirds vote in both the Senate and the House of Representatives to propose an amendment |
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What You'll Learn
The Legislative Branch
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This system ensures that no individual or group has too much power and provides a system of checks and balances.
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The Executive Branch
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 control.
Before assuming office, the President must take an oath to "preserve, protect and defend the Constitution of the United States." The Constitution also sets eligibility requirements for the office of President, including being a natural-born citizen, being at least 35 years old, and having been a resident of the US for at least 14 years.
The President's powers and duties are outlined in Sections 2 and 3 of Article II. These include the power to require written opinions from the heads of executive departments, the pardon power, the treaty-making power, and the appointment power. The President can issue executive orders, which direct executive officers or clarify and help implement existing laws. They also have the authority to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. Additionally, the President has the power to grant pardons and clemencies for federal crimes, except in cases of impeachment.
The Vice President is also part of the Executive Branch and serves as the President of the Senate, casting the deciding vote in the case of a tie. The duties of the Vice President are generally at the discretion of the President, and they may serve as a top adviser or take on a specific policy portfolio.
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The Judicial Branch
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
Article Three empowers the federal courts to handle cases or controversies arising under federal law and other enumerated areas. This includes cases involving the Constitution, federal laws, federal treaties, and controversies involving multiple states or foreign powers. The Case or Controversy Clause restricts the judiciary's power to actual cases, meaning hypothetical cases or those proscribed due to standing, mootness, or ripeness issues are not within the judiciary's jurisdiction.
Section 1 of Article Three vests the judicial power in "one supreme Court" and "inferior courts" established by Congress. Federal judges do not face term limits and their salaries may not be decreased. Section 2 gives the Supreme Court original jurisdiction when ambassadors, public officials, or states are involved, and appellate jurisdiction in all other areas. Congress can strip the Supreme Court of this appellate jurisdiction. Section 3 defines treason and empowers Congress to punish it, with certain limitations.
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The US Congress
Congress plays a crucial role in the US government's functioning, with the power to confirm or reject presidential nominations for federal agencies, federal judges, and the Supreme Court. It can also remove the president from office in exceptional circumstances. Additionally, Congress has legislative oversight, tracking details on recent legislation, popular bills, sponsors, and committees.
The Senate and the House of Representatives, as part of Congress, have distinct roles and powers. The Senate is often regarded as a more deliberative body, confirming presidential appointments and ratifying treaties. On the other hand, the House of Representatives is considered more dynamic, initiating revenue-related bills and impeaching government officials.
Congress.gov is the official website for federal legislative information, providing resources and updates on legislative activities. It offers access to Congressional Research Service products, legislative stages, and primary source documents. Congress also has its own library, the Library of Congress, which provides comprehensive legal analysis of the US Constitution.
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The President
The US Constitution establishes three branches of government: the legislative, executive, and judicial branches. 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 US armed forces.
The executive branch is responsible for enforcing the laws of the nation. The President has the power to veto legislation created by Congress, but Congress can override a veto with a two-thirds vote in both the Senate and the House of Representatives. The President also nominates heads of federal agencies and high court appointees, including Supreme Court justices, who require Senate confirmation. Additionally, the President appoints members of their Cabinet, who serve as advisors and include the Vice President, heads of executive departments, and other high-ranking government officials.
The Constitution establishes a system of checks and balances to prevent any one branch from becoming too powerful. Each branch can respond to the actions of the others, and Congress can remove the President from office in exceptional circumstances.
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Frequently asked questions
The Constitution divides the US Federal Government into three branches: the legislative, executive, and judicial.
The legislative branch is made up of the House and Senate, known collectively as Congress. It is responsible for making laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies.
The executive branch is responsible for enforcing the laws of the nation. It consists of the President, their advisors, and various departments and agencies.
The judicial branch interprets the laws and includes the Supreme Court and other federal courts.
The separation of powers ensures that no individual or group has too much power. Each branch has its own powers and responsibilities, and they work together to govern effectively and protect citizens' rights.
