Branches of Government

The delegates to the Constitutional Convention faced a difficult challenge. Because of the colonies’ experience under the British monarchy, the delegates wanted to avoid giving any one person or group absolute control in government. Under the Articles of Confederation, the government had lacked centralization. To solve these problems, the delegates to the Constitutional Convention created a government with three separate branches, each with its own distinct powers. This system would establish a strong central government, while insuring a balance of power.

Governmental power and functions in the United States rest in three branches: the legislative, judicial, and executive.

The Legislative Branch

The legislative branch of government has the authority to make laws for the nation. It was established in Article 1 of the Constitution with the creation of Congress. Congress is bicameral, that is, it is made up of two chambers, the Senate and the House of Representatives. Delegates to the Constitutional Convention from larger and more populated states wanted congressional representation to be based upon population. Fearing domination, delegates from smaller states wanted equal representation. The Great Compromise resulted in the creation of two houses, with representation based on population in one and with equal representation in the other. Now members of Congress are elected by a direct vote of the people of the state they represent.

The U.S. Congress

The primary duty of Congress is to write, debate and pass bills, which are then passed on to the president for approval.

The Constitution grants Congress “all legislative powers” in the national government. Article I, Section 8, of the Constitution lists a wide range of congressional powers, including:

· Coining money

· Maintaining a Military

· Declaring war on other countries

· Regulating interstate and foreign commerce

Congress also controls federal taxing and spending policies – one of the most important sources of power in the government.

There are however, some congressional powers that are rarely used, such as the ability to impeach an official and amending the Constitution.

In addition to the power described above, Congress shares powers with the president in matters such as, framing U.S. foreign policy and control over the military. For example, while the president negotiates treaties, they are only put into effect once the Senate approves them. Also, while Congress can declare war and approve funds for the military, the president is the commander-in-chief of the military.

A new Congress begins in January every two years following congressional elections. The entire House membership faces re-election every two years but the Senate is a continuing body because there is never and entirely new Senate.

The House of Representatives

When the Constitution was being drafted, a debate broke out between states with large populations and those with smaller populations. Each had a different opinion about how the state should be represented in the new government. To be fair to each group, a compromise was reached. By dividing Congress into two houses, the House of Representatives would favor states with larger populations, while the Senate would favor those states with smaller populations.

There are a total of 435 members in the House of Representatives. Each member represents and area of a state, known as a congressional district. The number of representatives is based on the number of districts in a state. Each state is guaranteed one seat.

Representatives, elected for two-year terms, must be 25 years old, a citizen for at least seven years, and a resident of the state from which they are elected.

The House has special jobs that only it can perform. It can:

· Start laws that make people pay taxes.

· Decide if a government official should be put on trial before the Senate if she/he commits a crime against the country. This is known as impeachment.

The Senate

There are a total of 100 members in the Senate. The Constitution states that the vice president has formal control over the Senate and is known as the president of the Senate. The vice president is only present for important ceremonies and to cast a tie-breaking vote.

Senators, elected for six-year terms, must be 30 years old, a citizen for at least nine years, and a resident of the state from which they are elected.

The Senate has special jobs that only it can perform. It can:

· Say yes or no to any treaties the president makes.

· Say yes or no to any people the president recommends for jobs, such as cabinet officers, Supreme Court justices, and ambassadors.

· Can hold a trial for a government official who commits a crime against the country.

Executive Branch

When the delegates to the Constitutional Convention created the executive branch of government, they gave the president a limited term of office to lead the government.

The executive branch of Government enforces the laws of the land. When Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The President receives this help from the Vice President, department heads, heads of independent agencies, and executive agencies.

Positions of the executive branch are:

· President: leader of the country and Commander in Chief of the military.

· Vice President: President of the Senate and becomes President if the President is unable to serve.

· Departments: Department heads advise the President on policy issues and help execute those policies.

· Executive Agencies: Makes regulations to help implement laws.

· Independent Agencies: Help carry out policy or provide special services.

Judicial Branch

The judicial branch of government is established in Article III of the Constitution with the creation of the Supreme Court. This court is the highest court in the country and is empowered with the judicial powers of the government.

Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution. A court’s authority to decide constitutionality is called judicial review.

The Supreme Court is able to overrule both federal and state laws when they conflict with the interpretation of the Constitution. A supreme courts ruling can only be overturned by a amendment to the constitution.

The Supreme Court is made up of nine Justices. One of these is the Chief Justice. They are appointed by the President and must be approved by the Senate. Justices have their jobs for life unless they resign, retire, or are impeached.