Isabella Carter
The US Constitution is the supreme law of the United States, empowering the federal government with the sovereign authority of the people. It divides the federal government into three branches: legislative, executive, and judicial, each with distinct powers and checks and balances to prevent any one branch from gaining supremacy. The legislative branch is vested in Congress, the Senate, and the House of Representatives; the executive branch in the President, who is the Commander-in-Chief of the armed forces; and the judicial branch in the Federal courts. This structure ensures that no individual or group has too much power and protects the fundamental rights of citizens.
| Characteristics | Values |
|---|---|
| Number of branches | 3 (legislative, executive, and judicial) |
| Powers | Vested by the U.S. Constitution in Congress, the President, and the Federal courts, respectively |
| Amendments | 27 |
| Purpose | To create a government with enough power to act on a national level, but without so much power that fundamental rights would be at risk |
| Powers of the President | Sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, receive ambassadors, appoint and remove executive officers, make treaties, etc. |
Explore related products
What You'll Learn
The President as head of the executive branch
The President of the United States is the head of the executive branch of the government. The executive power is vested in the President, who also acts as the head of state and Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing laws written by Congress. To this end, the President appoints the heads of Federal agencies, including the Cabinet, and other executive agencies such as the CIA and the Environmental Protection Agency. The President also appoints the heads of independent Federal commissions, such as the Federal Reserve Board, and Federal officials, including Federal judges, ambassadors, and supreme court judges.
The President has the power to either sign legislation into law or veto bills passed by Congress, although Congress may override a veto with a two-thirds vote of both houses. The President also has the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate.
The Vice President is also part of the Executive Branch and is ready to assume the Presidency should the need arise, such as in the case of the President's death, resignation, or inability to discharge the powers and duties of the office. The Cabinet plays an important role in the Presidential line of succession, after the Vice President, Speaker of the House, and Senate President pro tempore. The Cabinet runs major Federal agencies and is often the President's closest confidants.
The President is elected for a term of four years, together with the Vice President, and may receive compensation for their services, which remains constant throughout their elected term. Before entering office, the President must take an oath:
> "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."
The President must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States for at least 14 years.
US Tax Court: Constitutional Foundation
You may want to see also
Congress, composed of the Senate and House of Representatives
Congress, composed of the Senate and the House of Representatives, is the legislative branch of the US federal government. It is a bicameral legislature, with the House of Representatives as the lower body and the Senate as the upper body. Both meet in the US Capitol in Washington, DC.
The US is divided into 435 congressional districts, each with a population of about 780,000. Each district elects a representative to the House of Representatives for a two-year term. The House of Representatives has six additional non-voting members. The House's day-to-day activities are controlled by the "majority party".
Each of the 50 US states elects two senators for staggered six-year terms. Senators represent between 0.6 and 39 million people, depending on their state's population. The Senate's day-to-day activities are also largely controlled by the majority party. The vice president of the US, as President of the Senate, has a vote in the Senate only when there is a tie.
Congress has a total of 535 voting members, including 100 senators and 435 representatives. Members of Congress are chosen through direct election, though Senate vacancies may be filled by a governor's appointment. Congress convenes for a two-year term, commencing every other January. Elections are held every even-numbered year on Election Day.
Congress is responsible for the governing of the District of Columbia, the current seat of the federal government. It serves two distinct purposes: local representation to the federal government of a congressional district by representatives and a state's at-large representation to the federal government by senators.
Revolutionary Constitution: France's 1791 Charter of Change
You may want to see also
Federal courts, including the Supreme Court
The US Constitution establishes a federal court system with the US Supreme Court as its highest authority. The Constitution also permits Congress to create lower federal courts, including circuit and district courts. The federal judiciary, including the Supreme Court, was established in 1789, and today there are about 800 federal judges across three levels: trial courts, courts of appeals, and the Supreme Court.
The Supreme Court is located in Washington, DC, and is composed of nine justices. It is not required to hear every case submitted to it and hears only a small percentage of cases each year. The Supreme Court usually hears cases that have already gone through the federal Court of Appeals system and, sometimes, state Supreme Courts. The Court of Appeals determines if the laws were applied correctly in the trial court. If the Supreme Court does not hear a case, the decision of the Court of Appeals is retained.
The President nominates justices to serve on the federal District Courts, the Courts of Appeals, and the US Supreme Court. These nominations are sent to the US Senate, which provides "advice and consent". Typically, an individual may not serve on the court without confirmation by the Senate. However, the President has the power to make temporary "recess" appointments when the Senate is not in session. These appointments expire at the end of the Congressional session.
The federal courts, from the district courts up to the Supreme Court, have the final say on issues affecting the lives of Americans, including civil rights, religious freedoms, voting rights, and affirmative action. The courts have historically been a primary avenue for promoting and protecting civil rights. The Constitution is clear that the federal courts, not the President, Congress, or the states, have "the judicial power of the United States".
Prisoners' Voting Rights: What Does the Constitution Say?
You may want to see also
Explore related products
State governments, with their own executive, legislative, and judicial branches
State governments in the United States have their own executive, legislative, and judicial branches, mirroring the structure of the federal government. Each state has its own constitution, which serves as the basis for its laws and governance. While the US Constitution mandates that all states uphold a "republican form" of government, the specific structures and processes within each state's government can vary.
The executive branch of a state government is typically headed by an elected governor, who serves as the state's chief executive. The governor is responsible for making appointments to state agencies and offices, and in most states, is part of a plural executive, where several key members of the executive branch are directly elected by the people and serve alongside the governor. These can include positions such as Lieutenant Governor, Attorney General, Secretary of State, Treasurer, and various commissioners.
The legislative branch of state governments is responsible for creating and enacting laws. Except for Nebraska, which has a unicameral legislature, all states have a bicameral legislature consisting of an upper house (usually called the Senate) and a lower house (often called the House of Representatives, Assembly, or House of Delegates). The members of the upper house generally serve longer terms, typically four years, while the members of the lower house serve shorter terms, often two years. In addition to the legislature, some states may also have various boards, commissions, councils, and other bodies that contribute to the legislative process.
The judicial branch of state governments is responsible for interpreting and enforcing the laws. Each state typically has a court of last resort, usually called the Supreme Court, which hears appeals from lower-level state courts. The structure of the court system and the methods of selecting judges can vary from state to state and are determined by each state's constitution or legislature. While the state Supreme Court has the final say on issues of state law, it can be overruled on matters of federal law by the US Supreme Court.
State governments hold legal and administrative jurisdiction within their geographic boundaries, and they exercise functions of government below that of the federal level. The Tenth Amendment to the US Constitution reserves powers not granted to the federal government for the states and the people, giving states a degree of autonomy and influence in governance.
Understanding Hostile Work Environments in New Mexico
You may want to see also
The people, with powers reserved by the 10th Amendment and amendments
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. The Amendment expresses the principle of federalism, which outlines a power-sharing agreement between the federal government and individual states.
The Tenth Amendment prescribes that the federal government has only the powers delegated to it by the Constitution. All other powers not forbidden to the states by the Constitution are reserved for each state or the people. The original text of the Tenth Amendment is as follows:
> "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."
The Tenth Amendment has been used to both expand and contract the authority of the federal government, playing a central role in the debate between federal and state power. The Amendment has been interpreted as a clarification that the federal government is limited in its powers and that a government decision should be investigated as an overreach of its power rather than as a potential infringement of civil liberties.
The Tenth Amendment has been invoked in landmark Supreme Court cases, including Brown v. Board of Education, where the Court ruled that racial segregation in public schools violated the Constitution. In response, several Southern states argued that federal desegregation orders infringed on states' rights, invoking the principles of nullification and interposition. However, the Supreme Court rejected these declarations, asserting the primacy of federal authority in enforcing constitutional rights.
Spanish Constitution: Can Provinces Secede Legally?
You may want to see also
Frequently asked questions
The US Constitution divides the federal government into three branches: legislative, executive, and judicial.
The President is the head of the executive branch, as well as the head of state and Commander in Chief of the United States armed forces.
The US Constitution ensures that no individual or group has too much power. The three branches of government are designed to have checks and balances on each other's powers, so no one branch has higher authority.
![American Constitutional Law: Powers and Liberties [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/612lLc9qqeL._AC_UY218_.jpg)
