Simone Lawson
The United States Constitution divides the government into three branches: the legislative, executive, and judicial. The legislative branch, which includes the House of Representatives and the Senate, has the power to make laws. The executive branch, led by the President, executes the laws and acts as Commander-in-Chief during wartime. The judicial branch, composed of the Supreme Court and other federal courts, interprets the laws. The Constitution also outlines a system of checks and balances to prevent any one branch from holding too much power. Additionally, it divides power between the national government and state governments, with the federal government having broad authority over the states while being limited to the powers outlined in the Constitution.
| Characteristics | Values |
|---|---|
| Legislative power | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Legislative branch | Makes laws |
| Executive power | Vested in the President |
| Executive branch | Executes the laws |
| Judicial power | Vested in one Supreme Court and other federal courts created by Congress |
| Judicial branch | Interprets the laws |
| Federalism | Division of authority between federal and state governments |
| Supremacy clause | Federal law is supreme over state law |
Explore related products
What You'll Learn
Federalism and the overall scope of federal power
Federalism refers to the division and sharing of power between the national and state governments. The Constitution embodies the concept of federalism by allocating power among state and federal governments. The Framers sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise a general police power.
Federalism has waxed and waned since the founding, and federal-state relations have always been contested. Federalism underwent four distinct phases during four different eras in constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today. The Founders provided the national government with powers it lacked under the Articles of Confederation, ensuring it could act directly on behalf of the citizenry.
The Founders struck a balance by granting the national government limited and enumerated powers, leaving the regulation of intrastate commerce to the states. State legislative powers were almost exclusively limited by their own constitutions. This form of federalism has been termed "Enumerated Powers Federalism". The national government was conceived as one of limited and enumerated powers, with states exercising all remaining powers.
However, in practice, the federal government's power has expanded beyond the Founders' vision. The Court's interpretation of Article I has allowed Congress to regulate wholly intrastate economic activity that substantially affects interstate commerce. As a result, the federal government can now regulate areas once governed exclusively by the states, even regulating the states themselves. This expansion of federal power has raised questions about the role of the judiciary in enforcing states' interests against the federal government. Judges and scholars disagree on how to realize the principles of federalism, with some arguing that these key questions should be left to the political process.
The Challenge of Changing the Constitution
You may want to see also
Legislative power
The legislative power of the US government is vested in the Congress, which consists of the Senate and the House of Representatives. This is established in Article I of the Constitution, which also enumerates the powers of Congress and the specific areas in which it may legislate.
The House of Representatives is made up of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. Representatives must be at least 25 years old and have been citizens of the United States for at least seven years. The House 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 also chooses its speaker and other officers.
The Senate, on the other hand, is composed of two Senators from each state, chosen by popular vote since the ratification of the 17th Amendment in 1913. Senators serve six-year terms, with about one-third of the Senate up for reelection every two years. Senators must be at least 30 years old and have been citizens of the United States for at least nine years. The Senate has the sole power to confirm the President's appointments that require consent and to ratify treaties.
Together, the House and Senate make up the legislative branch of the US government, which is one of the three coequal branches, along with the executive and judicial branches. The legislative branch is responsible for making all laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies. Congress has the power to enact laws deemed necessary and proper for the execution of the powers given to any part of the government under the Constitution. This includes the establishment of an annual budget, levying taxes and tariffs, authorizing borrowing, and mandating spending on specific items. Congress also has substantial investigative powers, which have been affirmed by the Supreme Court.
Impeachment Power: Can Congress Impeach Its Own Members?
You may want to see also
Executive power
Article II of the U.S. Constitution establishes the Executive Branch of the federal government, with the federal executive power vested in the President. The President is the head of state and head of government, as well as the Commander-in-Chief of the armed forces.
The President has the power to approve or veto bills and resolutions passed by Congress, and through the Treasury Department, has the power to write checks pursuant to appropriation laws. The President also has the power to make treaties, with the advice and consent of Congress, and to appoint ambassadors and other officials, with Senate approval. The President has the authority to enforce laws and appoint agents charged with the enforcement of laws. They are responsible for nominating the heads of government departments, federal judges, and Supreme Court justices.
The President has the power to issue executive orders, which direct executive officers, and can have the same effect as federal law. These orders are not explicitly defined in the Constitution but are accepted as an inherent aspect of presidential power. In times of emergency, the President can override Congress and issue executive orders with almost limitless power.
The President has the power to grant reprieves and pardons for federal offences, except in cases of impeachment. They are required to give Congress information on the state of the Union and may convene both Houses of Congress on extraordinary occasions.
Lincoln's Civil War: Constitutional Violations
You may want to see also
Explore related products
Judicial power
Article III of the US Constitution establishes the federal judiciary. According to Article III, Section I:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Constitution establishes the Supreme Court, but permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court has appellate jurisdiction (the ability to hear a case on appeal) on almost any case that involves a point of constitutional and/or federal law. Examples include cases in which the US is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also has original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
The Senate has the sole power to try all impeachments. When the President of the United States is tried, the Chief Justice presides. No person shall be convicted without the concurrence of two-thirds of the members present.
The Social Contract: Power and the People
You may want to see also
Checks and balances
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 will have too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through Federal agencies, is responsible for the day-to-day enforcement and administration of Federal laws.
The legislative branch has the power to approve Presidential nominations, control the budget, and impeach the President and remove them from office. The executive branch can declare Executive Orders, but the judicial branch can declare those acts unconstitutional. The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations. The legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.
James Madison theorised that as it is the Constitution that grants each branch its power, honourable ambition that ultimately serves the highest interests of the people could work to maintain the separation. The Founding Fathers were well-acquainted with a long-held tenet of government: the accumulation of power by a single person or body of government is the greatest threat to liberty.
Constitutional Reform Act 2005: Supreme Court & Judicial Independence
You may want to see also
Frequently asked questions
The legislative branch, also known as Congress, is made up of the House of Representatives and the Senate. It is responsible for making laws.
The legislative branch, or Congress, has the power to make laws. However, the President can veto them.
The President is the head of the executive branch. They act as Commander-in-Chief during a war, make treaties with the approval of Congress, and have the authority to veto proposed laws passed by Congress.
Federalism refers to the division of authority between the federal government and the state governments. The federal government has powers that are enumerated in the Constitution, while the states have powers that are not delegated to the federal government or prohibited to the states.
The judicial branch, which includes the Supreme Court and other federal courts created by Congress, is responsible for interpreting the laws.
