How many branches is the government in the united states divided into

United States Government/The Three Branches

Contents

Introduction [ edit | edit source ]

The United States Constitution divides government into three separate and distinct branches: the Executive, Legislative and Judicial branches. The concept of separate branches with distinct powers is known as «separation of powers.» That doctrine arose from the writings of several European philosophers. The Englishman John Locke first pioneered the idea, but he only suggested a separation between the executive and legislative. The Frenchman Charles-Louis de Secondat, Baron de Montesquieu, added the judicial branch.

Each branch is theoretically equal to each of the others. The branches check each others powers and use a system known as checks and balances. Thus, no branch can gain too much power and influence, thus reducing the opportunity for tyrannical government.

The Preamble to the American Constitution sets out these aims in the general statement:

«We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America».

The Legislative [ edit | edit source ]

The Senate is the upper house of the legislative branch of the United States and possesses one hundred members which is considerably less than the four hundred and thirty-five members of the House of Representatives. Each state chooses two senators, regardless of that state’s population. The Constitution originally dictated that a state’s senators were to be chosen by the state’s legislature; after the Seventeenth Amendment was ratified in 1913, senators were elected directly by the state’s population. In contrast to the House’s two-year terms, Senators are elected to a six-year stint in office. In addition, only one-third of the Senate stands for election during an even year. These differences between the two houses were deliberately put into place by the Founding Fathers; the Senate was intended to be a more stable, austere body, whereas the House would be more responsive to the people’s will.

The Vice-President is President of the Senate, but he/she only votes if there is a tie. The Senate also chooses a President Pro Tempore to preside in the Vice-President’s absence (though, in practice, most of the time, senators from the majority take turns presiding for short periods).

The Senate and the House are both required to approve legislation before it becomes a law. The two houses are equal in legislative power, but revenue bills (bills relating to taxation) may only originate in the House. However, as with any other bill, the Senate’s approval is still required, and the Senate may amend such bills.

The Senate holds additional powers relating to treaties and the appointments of executive and judicial officials. This power is known as «advice and consent.» The Senate’s advice and consent is required for the President to appoint judges and many executive officers, and also to ratify treaties. To grant advice and consent on treaties, two-thirds of the Senators must concur (agree).

While most votes require a simple majority to pass, it sometimes takes three-fifths of senators to bring a bill to a vote. This is because Senate rules hold that a bill cannot be voted on as long as it is being debated—and there is no limit on how long a senator may debate a bill. Senators sometimes use this rule to filibuster a bill—that is, continue debating a bill endlessly so that it cannot be voted on. The only way to end a filibuster is for three-fifths of all Senators to vote for a cloture resolution, which ends all debate and brings the bill up for voting. Use of the filibuster tends to be controversial. Whichever party is in the majority tends to call its use «obstructionism,» while the other side sees it as an important check on the majority.

The House has the sole power to impeach federal executive and judicial officers. According to the Constitution, officers may be impeached for «treason, bribery, or other high crimes and misdemeanors.” The Senate has the sole power to try all such impeachments, a two-thirds vote being required for conviction. The Constitution requires that any individual convicted by the Senate to be removed from office. The Senate also has the power to bar that individual from further federal office. The Senate may not impose any further punishment, although the parties are still subject to trial in the courts. As the Vice-President (being next-in-line to the Presidency) would have an obvious conflict of interest in presiding at a trial of the President, in such cases, the Chief Justice presides. Interestingly, no similar provision prevents the Vice-President from presiding at his or her own trial.

The Executive [ edit | edit source ]

The President, Vice President, and other executive officials make up the Executive Branch. The main function of this branch is to execute the laws created by Congress. The President and the Vice-President are chosen by the Electoral College, a body of people elected for the purpose of electing the President. One may wait to consider the Electoral College in further detail.

The Judicial [ edit | edit source ]

The Supreme Court and the lower courts compose the Judicial Branch. The judiciary must interpret the laws of the United States. In the course of such interpretations, the courts may find that a law violates the constitution. If so, the court declares the law unconstitutional. Thus, the judiciary also has a role in determining the law of the land.

The judges of federal courts are nominated by the President and advised and consented to by the Senate. The number of judges and the exact structure of the courts is set by law, and not by the Constitution.

The Legislative Process: How A Bill Becomes A Law [ edit | edit source ]

After both houses of Congress pass a bill, perhaps observing the different rules and procedures in each house, but with the exact same final text, the bill is submitted to the President. Immediately, a ten-day clock for the president to act in starts to tick. Sundays are excluded in this calculation.

Once he receives the bill, the President has many options. The outcome of the process depends on the route taken by him.

Checks and Balances [ edit | edit source ]

In order to prevent any branch of government from becoming too powerful, the Framers of the Constitution created a system of checks and balances. Each branch of government has checks on the others, while it is itself also checked. The complex system can be outlined as follows:

Checks of the Legislative

Checks on the Executive

Checks on the Judicial

Checks of the Executive

Checks on the Legislative

Checks on the Judicial

Checks of the Judicial

Checks on the Legislative

Branches of the U.S. Government

Learn about the executive, legislative, and judicial branches of the U.S. government.

On This Page

How the U.S. Government Is Organized

The Constitution of the United States divides the federal government into three branches to make sure no individual or group will have too much power:

Each branch of government can change acts of the other branches:

This ability of each branch to respond to the actions of the other branches is called the system of checks and balances.

Legislative Branch of the U.S. Government

The legislative branch drafts proposed laws, confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court, and has the authority to declare war. This branch includes Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. American citizens have the right to vote for Senators and Representatives through free, confidential ballots.

Congress

Congress is composed of two parts:

Legislative Branch Agencies

The legislative branch includes Congress and the agencies that support its work.

Executive Branch of the U.S. Government

The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.

American citizens have the right to vote for the president and vice president through free, confidential ballots.

Key roles of the executive branch include:

Executive Branch Agencies, Commissions, and Committees

Much of the work in the executive branch is done by federal agencies, departments, committees, and other groups.

Executive Office of the President

The Executive Office of the president communicates the president’s message and deals with the federal budget, security, and other high priorities.

Executive Departments

These are the main agencies of the federal government. The heads of these 15 agencies are also members of the president’s cabinet.

Executive Department Sub-Agencies and Bureaus

Smaller sub-agencies support specialized work within their parent executive department agencies.

Independent Agencies

These agencies are not represented in the cabinet and are not part of the Executive Office of the president. They deal with government operations, the economy, and regulatory oversight.

Boards, Commissions, and Committees

Congress or the president establish these smaller organizations to manage specific tasks and areas that don’t fall under parent agencies.

Quasi-Official Agencies

Although they’re not officially part of the executive branch, these agencies are required by federal statute to release certain information about their programs and activities in the Federal Register, the daily journal of government activities.

Judicial Branch of the U.S. Government

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. It is comprised of the Supreme Court and other federal courts.

Supreme Court

The Supreme Court is the highest court in the United States. The Justices of the Supreme Court are nominated by the president and must be approved by the Senate.

Federal Courts and Judicial Agencies

The Constitution gives Congress the authority to establish other federal courts to handle cases that involve federal laws including tax and bankruptcy, lawsuits involving U.S. and state governments or the Constitution, and more. Other federal judicial agencies and programs support the courts and research judicial policy.

Confirmation Process for Judges and Justices

Appointments for Supreme Court Justices and other federal judgeships follow the same basic process:

Infographic: How the Supreme Court Works

Learn how cases reach the Supreme Court and how the justices make their decisions. Use this lesson plan in class.

How the Supreme Court Works

The Supreme Court is:

How a Case Gets to the Supreme Court

Most cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law.

Rarely, the Court hears a new case, such as one between states.

Dissatisfied parties petition the Court for review
Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.

Justices study documents
The Justices examine the petition and supporting materials.

Justices vote
Four Justices must vote in favor for a case to be granted review.

What Happens Once a Case is Selected for Review?

Parties make arguments
The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.

Justices write opinions
The Justices vote on the case and write their opinions.

The majority opinion shared by more than half of the Justices becomes the Court’s decision.

Justices who disagree with the majority opinion write dissenting or minority opinions.

The Court issues its decision
Justices may change their vote after reading first drafts of the opinions. Once the opinions are completed and all of the Justices have cast a final vote, the Court “hands down” its decision.

All cases are heard and decided before summer recess. It can take up to nine months to announce a decision.

Every year:

The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument.

About the Justices:

There are nine Justices:

When a new Justice is needed:

Justices are appointed for life, though they may resign or retire.

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How U.S. Government is Organized

3 Branches of the U.S. Government

The Constitution of the United States divides the federal government into three branches to ensure a central government in which no individual or group gains too much control:

Each branch of government can change acts of the other branches as follows:

The U.S. federal government seeks to act in the best interests of its citizens through this system of checks and balances.

Legislative Branch

The legislative branch enacts legislation, confirms or rejects presidential appointments, and has the authority to declare war.

This branch includes Congress (the Senate and House of Representatives) and several agencies that provide support services to Congress. American citizens have the right to vote for senators and representatives through free, confidential ballots.

Executive Branch

The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.

American citizens have the right to vote for the president and vice president through free, confidential ballots.

Key roles of the executive branch include:

Judicial Branch

The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution.

The judicial branch is comprised of the Supreme Court and other federal courts.

Overview of United States Government and Politics

Foundation and Principles

The government of the United States is based on a written constitution. At 4,400 words, it is the shortest national constitution in the world. On June 21, 1788, New Hampshire ratified the Constitution giving it the necessary 9 out of 13 votes needed for the Constitution to pass. It officially went into effect on March 4, 1789. It was consists of a Preamble, seven Articles, and 27 Amendments. From this document, the entire federal government was created. It is a living document whose interpretation has changed over time. The amendment process is such that while not easily amended, US citizens are able to make necessary changes over time.

Three Branches of Government

The Constitution created three separate branches of government. Each branch has its own powers and areas of influence. At the same time, the Constitution created a system of checks and balances that ensured no one branch would reign supreme. The three branches are:

Six Foundational Principles

The Constitution is built on six basic principles. These are deeply ingrained in the mindset and landscape of the US Government.

Political Process

While the Constitution sets up the system of government, the actual way in which the offices of Congress and the Presidency are filled are based upon the American political system. Many countries have numerous political parties—groups of people who join together to try and win political office and thereby control the government—but the US exists under a two-party system. The two major parties in America are the Democratic and Republican parties. They act as coalitions and attempt to win elections. We currently have a two-party system because of not only historical precedent and tradition but also the electoral system itself.

The fact that America has a two-party system does not mean that there is no role for third parties in the American landscape. In fact, they have often swayed elections even if their candidates have in most cases not won. There are four major types of third parties:

Elections

Elections occur in the United States at all levels including local, state, and federal. There are numerous differences from locality to locality and state to state. Even when determining the presidency, there is some variation with how the electoral college is determined from state to state. While voter turnout is barely over 50% during Presidential election years and much lower than that during midterm elections, elections can be hugely important as seen by the top ten significant presidential elections.

The Three Branches of US Government

The United States has three branches of government: the executive, the legislative and the judicial. Each of these branches has a distinct and essential role in the function of the government, and they were established in Articles 1 (legislative), 2 (executive) and 3 (judicial) of the U.S. Constitution.

The belief that a just, fair, and functional government required that power be divided between various branches long preceded the Constitutional Convention of 1789.

In his analysis of the Ancient Roman government, Greek statesman and historian Polybius identified it as a “mixed” regime with three branches—the monarchy, the aristocracy, and the democracy in the form of the people.

Centuries later, this concept would go on to influence ideas about similar separations of powers being crucial to a well-functioning government expressed by enlightened philosophers such as Charles de Montesquieu, William Blackstone, and John Locke. In his famous 1748 work “The Spirit of the Laws,” Montesquieu argued that the best way to prevent despotism or totalitarianism was through a separation of powers, with different bodies of government exercising legislative, executive, and judicial power, with all these bodies subject to the rule of law.

Based on the ideas of Polybius, Montesquieu, Blackstone, and Locke, the framers of the U.S. Constitution divided the powers and responsibilities of the new federal government among the three branches we have today.

The Executive Branch

The executive branch consists of the president, vice president and 15 Cabinet-level departments such as State, Defense, Interior, Transportation, and Education. The primary power of the executive branch rests with the president, who chooses his vice president, and his Cabinet members who head the respective departments. A crucial function of the executive branch is to ensure that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government as collecting taxes, safeguarding the homeland and representing the United States’ political and economic interests around the world.

The President

The president leads American people and the federal government. He or she also acts as the head of state, and as Commander in Chief of the United States Armed Forces. The president is responsible for formulating the nation’s foreign and domestic policy and for developing the annual federal operating budget with the approval of Congress.

The president is freely elected by the people through the Electoral College system. The president serves a four-year term in office and can be elected no more than twice.

The Vice President

The vice president assists and advises the president, and must be ready at all times to assume the presidency in the event of the president’s death, resignation, or temporary incapacitation. The Vice President also serves as the President of the United States Senate, where he or she casts the deciding vote in the case of a tie.

The vice president is elected along with the president as a “running mate” and can be elected and serve an unlimited number of four-year under multiple presidents.

The Cabinet

The President’s Cabinet serves as advisors to the president. They include the vice president, the heads of the 15 executive departments, and other high-ranking government officials. Each Cabinet member also holds a spot in the presidential line of succession. After the Vice President, Speaker of the House, and President pro tempore of the Senate, the line of succession continues with the Cabinet offices in the order in which the departments were created.

With the exception of the vice president, Cabinet members are nominated by the president and must be approved by a simple majority of the Senate.

The Legislative Branch

The legislative branch consists of the Senate and the House of Representatives, collectively known as the Congress. There are 100 senators; each state has two. Each state has a different number of representatives, with the number determined by the state’s population, through a process known as «apportionment.» At present, there are 435 members of the House. The legislative branch, as a whole, is charged with passing the nation’s laws and allocating funds for the running of the federal government and providing assistance to the 50 U.S. states.

The Constitution grants the House of Representatives several exclusive powers, including the power to initiate spending and tax-related revenue bills, impeach federal officials, and elect the President of the United States in the case of an electoral college tie.

The Senate is granted the sole power to try federal officials impeached by the House of Representatives, the power to confirm presidential appointments that require consent and to ratify treaties with foreign governments. However, the House must also approve appointments to the office of Vice President and all treaties that involves foreign trade, since they involve revenue.

Both the House and Senate must approve all legislation—bills and resolutions—before they can be sent to the president for his or her signature and final enactment. Both the House and the Senate must pass the identical bill by a simple majority vote. While the president has the power to veto (reject) a bill, the House and Senate have the power to override that veto by passing the bill again in each chamber with at least two-thirds “super majority” of the members of each body voting in favor.

The Judicial Branch

The judicial branch consists of the United States Supreme Court and lower federal courts. Under the Supreme Court’s constitutional jurisdiction, its primary function is to hear cases that challenge the constitutionality of legislation or require interpretation of that legislation. The U.S. Supreme Court has nine Justices, who are nominated by the president and must be confirmed by a simple majority vote of the Senate. Once appointed, Supreme Court justices serve until they retire, resign, die or are impeached.

The lower federal courts also decide cases dealing with the constitutionality of laws, as well as cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases. Decisions of the lower federal courts can be and often are appealed to the U.S. Supreme Court.

Checks and Balances

Why are there three separate and distinct branches of government, each with a different function? The framers of the Constitution did not wish to return to the totalitarian system of governance imposed on colonial America by the British government.

To ensure that no single person or entity had a monopoly on power, the Founding Fathers designed and instituted a system of checks and balances. The president’s power is checked by the Congress, which can refuse to confirm his appointees, for example, and has the power to impeach or remove, a president. Congress may pass laws, but the president has the power to veto them (Congress, in turn, may override a veto). And the Supreme Court can rule on the constitutionality of a law, but Congress, with approval from two-thirds of the states, may amend the Constitution.