The Constitution: Power To The People

The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, or Congress, consists of a Senate and House of Representatives, and has powers such as the ability to lay and collect taxes, regulate commerce, and declare war. The executive branch is led by the President, who is the head of state, Commander in Chief of the armed forces, and leader of the federal government. The President has powers such as the ability to grant pardons, fill vacancies, and veto legislation. The judicial branch, or federal courts, interprets the laws and consists of the Supreme Court and lower courts. Each branch has checks and balances on the others to ensure that no one branch gains too much power.

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The President

The US Constitution divides the federal government into three branches: the legislative, the executive, and the judicial. This separation of powers ensures that no individual or group has too much power.

The Vice President

The role of the Vice President has changed dramatically since the office was created during the 1787 Constitutional Convention. Originally something of an afterthought, the Vice Presidency was considered an insignificant office for much of the nation's history, especially after the Twelfth Amendment meant that Vice Presidents were no longer the runners-up in the presidential election. The Vice President's role began steadily growing in importance during the 1930s, with the Office of the Vice President being created in the executive branch in 1939, and has since grown much further. Due to its increase in power and prestige, the Vice Presidency is now often considered a stepping stone to the Presidency.

Article II, Section 1, Clause 6 stipulates that the Vice President takes over the "powers and duties" of the presidency in the event of a President's removal, death, resignation, or inability. The 25th Amendment’s first two sections formalized the Tyler Precedent, stating that the Vice President becomes President “in case of the removal of the President from office or of his death or resignation.” It also allowed the President and Congress to nominate and approve a new Vice President when that office became vacant. The 25th Amendment’s Section 3 allowed the President to notify Congress that they are unable to discharge their duties, and to designate the Vice President to act as President until they are able to resume work.

Congress

The legislative powers of Congress are outlined in Article I, Section 8 of the Constitution. This includes the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and among the states. Congress can also establish uniform rules for naturalization and bankruptcy laws.

Additionally, Congress has the power to promote the progress of science and useful arts by securing exclusive rights to authors and inventors for their writings and discoveries. It can also exercise exclusive legislation over the district that is the seat of the US government and other places purchased with the consent of the state legislature.

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Federal Courts

Article III of the US Constitution established the federal government's judicial branch, which includes the federal courts. The Constitution only references the Supreme Court, but it gave Congress the power to create lower courts, or "inferior courts", as necessary.

The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. It also plays an essential role in ensuring that each branch of government recognises the limits of its own power, and it protects civil rights and liberties by striking down laws that violate the Constitution.

The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. This Act established the structure and jurisdiction of the federal judiciary and created the Supreme Court with six justices, thirteen district courts, and three circuit courts. Congress has the power to regulate the modes and practices of proceeding in inferior federal courts and has, over the years, altered the number of seats on the Supreme Court.

Below the Supreme Court are 13 appellate courts, called US courts of appeals, and 94 district or trial courts, called US district courts. The nation also has bankruptcy courts to help people and businesses that cannot pay their debts.

The three branches of the US government—legislative, executive, and judicial—operate within a constitutional system of "checks and balances". This means that while each branch is formally separate, the Constitution often requires cooperation among the branches. Federal laws, for example, are passed by Congress and signed by the President, but the judicial branch has the authority to decide the constitutionality of those laws.

State Governments

The U.S. government is federal in form, meaning that the states and national government share powers, which are wholly derived from the Constitution. The Tenth Amendment, ratified in 1791, is a key component of the Constitution that recognises the powers of state governments. It states:

> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

This amendment highlights that states have all powers not granted to the federal government by the Constitution. These powers have taken various forms, including the "police powers" of health, education, and welfare. Each state operates according to its constitution, which forms the basis for its laws. State constitutions resemble the U.S. Constitution in structure, containing a preamble, a bill of rights, articles outlining the separation of powers, and provisions for local governments. However, they tend to be more detailed and lengthy, addressing specific issues relevant to each state.

While the federal government has significant authority, the Constitution confines its powers to those explicitly listed. States hold any power that the Constitution has not assigned to the federal government or prohibited. For example, states can legalise marijuana for personal and medical use, despite federal law banning it as a controlled substance. In such cases, federal law takes precedence, as established by the Supremacy Clause in Article VI of the Constitution.

The division of powers between state and federal governments is not always clear-cut, and conflicts over power have persisted throughout U.S. history. The federal government can influence state actions through grants and mandates, providing funding for state programs with specific conditions. Additionally, Article I, Section 10 of the Constitution limits the powers of the states, prohibiting them from forming alliances with foreign governments, declaring war, coining money, or imposing duties on imports or exports.

In some states, citizens can directly perform legislative functions and make decisions through initiatives, referendums, and recalls. The governor, as the state's chief executive, is responsible for appointments to state agencies and offices and typically serves a two or four-year term, with term limits in most states.

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