How It Works
The US Government was structured in order to preserve a balance of power between the three respective branches of government known as the legislative, judicial and executive branches. Being concerned that one branch of government would become too powerful over another the country’s forefathers created a structure of powers that are separated by a checks and balances system to help stabilize the federal government.Legislative Branch/Congress The legislative branch includes Congress and government agencies. Congress makes laws and is comprised of two parts: the Senate and the House of Representatives. The Congress is charged with the responsibility of making laws by writing what is known as a “bill.” If a bill is passed, it becomes a law once the President (Executive Branch) approves it. Other powers delegated to Congress include the power to declare war and control interstate trade. SenateTwo Senators are elected from every state in order to achieve equal representation among the states in the Senate. Each Senator is elected for a six-year term and no term limits are placed on a Senator’s seat.The Senate is responsible for approving treaties, confirming presidential nominations, and conducting trials.House of RepresentativesThere are four hundred and thirty five representatives in the House. The numbers vary greatly from state to state since representation corresponds to population. Each Representative “represents” what is known as a congressional district. The amount of representatives a state has is based on the amount of congressional districts within that state. Bigger states have more representatives and smaller ones have less. Each representative serves a two-year term. Executive BranchThe executive branch includes the President, Vice President, Departments, and Independent Agencies. This branch is responsible for the enforcement of laws enacted by Congress.PresidentThe President is the head of the executive branch. The powers of the President are designated by Article II of the Constitution. Some of the President’s powers include: Commander-in-Chief, making treaties (with the approval of Congress), declaring war (with the approval of Congress), signing bills into law, suggesting bills, appointing judges, heads of departments, and other officials (with the approval of Congress), and pardoning. The President serves a four-year term, with a two-term maximum. The President plays a crucial role in the law making process. He has the power to sign a bill into law. Once both the House of Representatives and Senate pass a bill, then that bill is presented to the President. If the President agrees with the bill, it is signed into law. If the President does not agree with it, then it can be vetoed.Judicial BranchArticle III of the Constitution established the judicial branch of government and the creation of the Supreme Court. The duties of the Supreme Court include the power of judicial review. This means they interpret laws, decide the constitutionality of laws, and determine how laws should be applied. Supreme CourtThe Supreme Court is the highest court in the land. Its main function is to decide the constitutionality of laws. This is part of our system of checks and balances. In order to make sure that Congress and the President are acting within the terms of the Constitution, the court has the power to review the law. If the law is unconstitutional, it can be stricken. The Supreme Court also has the power to overturn laws and decisions made by lower courts. If a lower court has decided a case that is not is not considered principled, constitutional, or justifiable for a variety of reasons that law may be overturned. There are nine members of this court and each is appointed for life. The Justices hold their positions until they resign, retire or are impeached.
