Branches of U.S. Government

The U.S. Government is unique in the fact that it is broken up into 3 primary ‘branches’ or parts of government, the Legislative Branch, Executive Branch, and the Judicial Branch. Each branch has distinct powers and responsibilities, designed to ensure a system of checks and balances to prevent any one branch from gaining too much power and to ensure the effective governance of the country.

The Legislative Branch

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Overview:

The Legislative Branch is responsible for making laws. It is composed of two houses: the Senate and the House of Representatives, collectively known as Congress. It drafts, debates, and passes legislation, which is then sent to the President for approval.

Responsibilities:
  • Senate: Each state has two senators, regardless of population. The Senate confirms presidential appointments (such as judges and cabinet members) and ratifies treaties.
  • House of Representatives: The number of representatives is based on each state’s population. The House initiates revenue-raising bills and has the power to impeach federal officials.
  • Congress (Both Houses): Together, they draft, debate, and pass legislation. Congress also has the power to declare war, regulate interstate and foreign commerce, and control taxing and spending policies.
Deeper Dive into Congress:

The Constitution establishes a bicameral (two-chamber) legislature consisting of the Senate and the House of Representatives for each other to be a check on one another. According to the Constitution (Article 1, Section 8) Congress has the power to:

  • Pass laws
  • Raise money to run the Government
  • Regulate foreign and interstate Commerce
  • Determine how aliens become U.S. citizens
  • Provide for and maintain nation’s armed forces
  • Regulate weights and measurements
  • Grant copyrights and patents
  • Establish post offices
  • Coin money
  • Declare War
  • Create the lower federal courts

Senate: Only 2 representatives are elected to serve 6-year terms from each state starting on January 3 of odd years (according to the 20th amendment). Currently, this totals to 100 representatives within the Senate. Districts or territories are not allowed to have representation there.

House of Representatives: The number of representatives has been locked to 435 due to the Reapportionment Act of 1929. The number of Representative chairs each state gets is based on the population numbers with each census. Each representative serves for two years and are elected in their congressional districts. Districts and territories representatives have limited authority and power within the house.

Checks and Balances:
Checks on the Executive Branch
  1. Impeachment and Removal: The House of Representatives can impeach the President, Vice President, and other federal officials for “high crimes and misdemeanors.” The Senate conducts the trial and can remove the official from office with a two-thirds vote.

  2. Override Vetoes: Congress can override a presidential veto with a two-thirds majority vote in both the House and the Senate.

  3. Confirmation of Appointments: The Senate must confirm the President’s appointments to the federal judiciary, executive departments, and other key positions.

  4. Budgetary Control: Congress controls federal spending through the power of the purse. It can approve, modify, or reject the President’s budget proposals and fund or defund executive actions and programs.

  5. Treaty Ratification: The Senate must ratify treaties negotiated by the President with a two-thirds majority vote.

  6. War Powers: Congress has the power to declare war. The War Powers Resolution requires the President to consult with Congress before engaging in military actions and to withdraw forces if Congress does not authorize continued action within a specified period.

  7. Legislative Oversight: Congress can investigate and oversee executive actions through hearings, subpoenas, and investigations conducted by its committees.

Checks on the Judicial Branch
  1. Confirmation of Judges: The Senate confirms the President’s appointments to the federal judiciary, including Supreme Court justices.

  2. Impeachment of Judges: The House can impeach federal judges, and the Senate can remove them from office following a trial and conviction.

  3. Creation and Organization of Courts: Congress has the power to establish lower federal courts and determine their jurisdiction. It can also change the structure and organization of the judiciary.

  4. Amendment Process: Congress can propose amendments to the Constitution to overturn judicial decisions, which require a two-thirds majority in both houses and ratification by three-fourths of the states.

  5. Legislation: Congress can pass new legislation to modify the impact of judicial decisions or address issues raised by the courts, as long as the new laws are constitutional.

The Executive Branch

Overview:

The Executive Branch is responsible for enforcing laws. It is headed by the President, who is supported by the Vice President, the Cabinet, and various federal agencies.

Responsibilities:
  • President: Acts as the head of state and government, commander-in-chief of the armed forces, and chief diplomat. The President signs or vetoes bills passed by Congress, issues executive orders, and appoints federal officials and judges (with Senate approval).
  • Vice President: Supports the President and presides over the Senate, casting tie-breaking votes when necessary.
  • Cabinet and Federal Agencies: Assist in administering and enforcing laws. This includes departments such as Defense, Education, Health and Human Services, and Homeland Security.
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Deeper Dive into the President’s power and responsibilities:

Headed by the President, the Executive Branch enforces and implements laws. The President can sign or veto legislation passed by Congress, issue executive orders, and appoint federal officials and judges (with Senate approval). The President also plays a key role in foreign policy and national defense as the commander-in-chief of the armed forces. The President’s powers to act can be broken down into two categories, implied and expressed powers.

Expressed powers: Also known as enumerated or explicit powers, are those specifically granted to the President by the U.S. Constitution. These powers are clearly outlined in the text of the Constitution, primarily in Article II.

Implied powers: These powers are not explicitly stated in the Constitution but are inferred from the expressed powers. These powers are necessary for the President to carry out the duties and responsibilities conferred by the expressed powers. The scope of implied powers often arises from the “Necessary and Proper Clause” (Article I, Section 8) which grants Congress the ability to pass laws needed to carry out its enumerated powers, thereby indirectly extending to the executive branch through the execution of those laws.

Expressed power examples:
  • Commander-in-Chief: The President is the commander-in-chief of the armed forces (Article II, Section 2).
  • Executive Orders: The President can issue executive orders to manage operations within the federal government.
  • Treaty Making: The President can negotiate and sign treaties with foreign nations, subject to ratification by a two-thirds vote in the Senate (Article II, Section 2).
  • Appointment Power: The President appoints federal officials, including judges, ambassadors, and cabinet members, with the advice and consent of the Senate (Article II, Section 2).
  • Veto Power: The President can veto legislation passed by Congress, although Congress can override the veto with a two-thirds majority in both houses (Article I, Section 7).
Implied power examples:
  • Executive Agreements: Unlike treaties, executive agreements with foreign leaders do not require Senate approval and are used to conduct foreign affairs.
  • Emergency Powers: The President may take extraordinary actions during national emergencies, such as deploying troops domestically or taking measures to stabilize the economy.
  • Removal Power: While the Constitution does not explicitly grant the President the power to remove appointed officials, it is implied that the President can dismiss executive branch officials to ensure the administration runs effectively.
  • Executive Privilege: The President may withhold information from Congress or the courts in the interest of national security or to protect confidential communications within the executive branch.
  • Executive Orders: While issuing executive orders is an expressed power, the scope and specifics of what those orders can entail often fall under implied powers.
The president also works alongside:
  • Vice President: Supports the President and presides over the Senate, casting tie-breaking votes when necessary.
  • Cabinet and Federal Agencies: Assist in administering and enforcing laws. This includes departments such as Defense, Education, Health and Human Services, and Homeland Security.
Checks and Balances:
Legislative Branch:
  1. Veto Power: The President can veto legislation passed by Congress. However, Congress can override the veto with a two-thirds majority in both the House and the Senate.
  2. Special Sessions: The President can call special sessions of Congress if necessary.
  3. Executive Orders: The President can issue executive orders to direct the operations of the federal government, which can influence how laws are implemented.
Judicial Branch:
  1. Appointment of Judges: The President nominates federal judges, including Supreme Court justices, who must be confirmed by the Senate.
  2. Pardons and Reprieves: The President has the power to grant pardons and reprieves for federal offenses, effectively overriding judicial decisions in individual cases.
  3. Influence Through the Solicitor General: The President, through the Solicitor General, can influence which cases the Supreme Court hears and the positions taken by the federal government in those cases.

The Judicial Branch

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Overview:

The Judicial Branch interprets laws and ensures they are applied fairly. It is composed of the federal court system, with the Supreme Court being the highest court in the land.

Responsibilities:
  • Supreme Court: Reviews and rules on cases that involve constitutional issues, federal laws, and treaties. It has the power of judicial review, allowing it to declare laws or executive actions unconstitutional.
  • Lower Federal Courts: Include Courts of Appeals and District Courts, which handle cases involving federal law, disputes between states, and cases involving the Constitution. They also hear appeals from state courts.
Deeper Dive into the Courts:
District Courts:
  • The general trial courts of the federal system.
  • There are 94 district courts across the states, Washington D.C., and U.S. territories.
  • They handle both civil and criminal cases.
  • Each district has at least one district judge, and larger districts may have many judges.

The U.S. District Courts serve as the general trial courts of the federal judiciary. These courts are the first level of the federal court system, where most federal cases begin. Each of the 94 judicial districts across the United States, including territories like Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands, has at least one district court. District courts have jurisdiction over a wide range of cases, including both civil and criminal matters. Civil cases often involve disputes between individuals or entities regarding issues such as contracts, personal injury, or federal laws and regulations. Criminal cases involve defendants accused of violating federal laws, with the U.S. government prosecuting these offenses.

District courts are crucial for interpreting and applying federal statutes and constitutional provisions. Judges in these courts, appointed by the President and confirmed by the Senate, serve lifetime terms, ensuring judicial independence. Each district court also has a bankruptcy court unit, which handles bankruptcy cases exclusively. Magistrate judges assist district judges in managing their caseloads by handling various pretrial matters, minor offenses, and other tasks as assigned. The decisions made in district courts can be appealed to the U.S. Courts of Appeals, and in some instances, may ultimately reach the U.S. Supreme Court. The district courts play an essential role in the federal judiciary, ensuring that legal disputes are resolved fairly and in accordance with the law.

Courts of Appeals:
  • Also known as Circuit Courts.
  • There are 13 appellate courts in the federal system, divided into 12 regional circuits and one Federal Circuit.
  • They review cases from the district courts within their circuit and some administrative agencies.
  • Panels of three judges typically decide cases, though en banc hearings (with all judges of the circuit) can occur.

The U.S. Courts of Appeals, also known as Circuit Courts, are the intermediate appellate courts in the federal judiciary system. They review decisions from the district courts within their respective circuits, as well as some administrative agencies. There are 13 Courts of Appeals in total: 12 regional circuits and one specialized Federal Circuit. Each regional circuit covers a specific geographical area, encompassing several states, while the Federal Circuit has nationwide jurisdiction over specific types of cases, such as those involving patent law and decisions from the Court of International Trade and the Court of Federal Claims.

These courts do not conduct trials, but instead focus on reviewing the record from the lower courts to determine if there were any legal errors that could have affected the outcome of the case. Panels of three judges typically decide cases, though in some instances, cases may be heard en banc, meaning all the active judges in the circuit participate. Judges for the Courts of Appeals are appointed by the President, confirmed by the Senate, and serve lifetime terms. Their rulings set important precedents within their circuits, guiding future interpretations and applications of the law. The Courts of Appeals serve as crucial gatekeepers to the U.S. Supreme Court, as they handle the bulk of federal appellate cases, with only a small number of cases being further reviewed by the Supreme Court.

Supreme Court:
  • The highest court in the United States.
  • Consists of nine justices: one Chief Justice and eight Associate Justices.
  • Justices are nominated by the President and confirmed by the Senate.
  • They serve lifetime appointments, ensuring independence from political pressures.
  • The Supreme Court has both original and appellate jurisdiction, meaning it can hear cases for the first time and review decisions of lower courts.

The U.S. Supreme Court is the highest court in the federal judiciary and serves as the ultimate arbiter of constitutional and federal law. Comprising nine justices—one Chief Justice and eight Associate Justices—who are appointed by the President and confirmed by the Senate, the Supreme Court holds significant authority in shaping American law and interpreting the Constitution. Justices serve lifetime appointments, ensuring their decisions are made free from political pressure.

The Supreme Court has both original and appellate jurisdiction. Its original jurisdiction allows it to hear certain types of cases first, such as disputes between states or cases involving ambassadors. However, most of its work involves appellate jurisdiction, reviewing decisions from lower federal and state courts to resolve issues of constitutional and federal law. The Court’s decisions set binding precedents for all other courts in the United States, making its interpretations of law and the Constitution final and authoritative.

The process of selecting cases for review is discretionary, with the Court typically agreeing to hear only a small percentage of the thousands of petitions it receives each year. This selection process, known as granting certiorari, focuses on cases that present significant legal questions or resolve conflicts among lower courts. The Supreme Court’s landmark decisions, such as those in Brown v. Board of Education, Roe v. Wade, and Obergefell v. Hodges, have profound and lasting impacts on American society, law, and governance. As the apex of the judicial branch, the Supreme Court plays a pivotal role in maintaining the balance of power within the federal government and upholding the principles of justice and constitutional rights.

Specialized Courts:
  • Courts that handle specific types of cases.
  • Examples of specialized courts:
    • U.S. Court of International Trade
    • U.S. Tax Court
    • U.S. Court of Federal Claims
    • U.S. Bankruptcy Courts
    • U.S. Court of Appeals for the Armed Forces
    • U.S. Court of Appeals for Veterans Claims

Specialized courts in the U.S. federal judiciary are designed to handle specific types of cases, providing expertise and focused adjudication in particular areas of law. They are created by Congress to help them carry out legislative power. These courts ensure that complex and specialized matters receive appropriate attention and are resolved by judges with specific knowledge and experience in relevant legal fields.

Checks and Balances:
Checks on the Judicial Branch by the Legislative Branch
  1. Confirmation of Judges: The Senate has the power to confirm or reject the President’s nominations for the federal judiciary, including Supreme Court justices, ensuring that judicial appointments reflect a balance of political and ideological perspectives.
  2. Impeachment and Removal: Congress can impeach and remove federal judges for misconduct. The House of Representatives can impeach, and the Senate conducts the trial and can convict, thereby removing the judge from office.
  3. Legislative Authority: Congress can pass laws to modify the structure and jurisdiction of the federal courts. For example, it can determine the number of Supreme Court justices and establish lower federal courts.
  4. Amending the Constitution: If the Judicial Branch declares a law unconstitutional, Congress and the states can amend the Constitution to override the Court’s decision, though this is a complex and rare process.
Checks on the Judicial Branch by the Executive Branch
  1. Appointment Power: The President nominates federal judges, including Supreme Court justices. This power allows the executive branch to influence the judiciary’s composition and ideological balance.
  2. Pardon Power: The President can grant pardons and reprieves for federal offenses, effectively overturning judicial decisions in individual cases.
  3. Enforcement of Court Decisions: The executive branch is responsible for enforcing court decisions. While the judiciary can issue rulings, it relies on the executive branch to implement them, creating a balance where the judiciary’s power is checked by the executive’s willingness and ability to enforce its decisions.
Checks by the Judicial Branch on Itself
  1. Appellate Review: Higher courts, including the Supreme Court, can review and overturn decisions made by lower courts, ensuring consistency and adherence to legal principles across the judiciary.
  2. Precedent: Courts rely on previous decisions (stare decisis) to guide their rulings, promoting stability and predictability in the law. However, the Supreme Court can overturn its own precedents if deemed necessary.