Kara Sears
Canada's system of government has three branches: the legislative, the executive, and the judicial. Each branch has distinct powers and responsibilities outlined in the Constitution. The legislative branch, which includes the House of Commons and the Senate, is responsible for debating, amending, and passing laws. The executive branch, led by the Prime Minister, implements these laws and policies, while the judicial branch interprets them. Laws are created through a process that involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch (represented by the Governor General). Ideas for new laws often originate outside of Parliament, reflecting the desires of Canadian citizens. These proposals are introduced to Parliament by parliamentarians in the form of bills, which undergo a rigorous process of debate, review, and voting before being passed into law.
| Characteristics | Values |
|---|---|
| Law-making branch of the government | Congress |
| Number of members in the House of Representatives | 435 |
| Frequency of election of House of Representatives members | Every two years |
| Minimum age of Representatives | 25 years |
| Citizenship requirement for Representatives | US citizen for seven years |
| Committee composition | Committee on the Judiciary traditionally includes numerous lawyers |
| Committee rules | No member of the House may serve as chairman of the same standing committee for more than three consecutive Congresses |
| Committee size | A committee may maintain no more than five committees, with the possibility of an oversight committee as a sixth |
| Bill proposal | Can come from a sitting member of the US Senate or House of Representatives, during their election campaign, or be petitioned by citizens or citizen groups |
| Bill introduction | Assigned to a committee for research, discussion, and potential changes |
| Bill submission | Frequently submitted to the Government Accountability Office for an official report on the necessity and desirability of enacting the bill into law |
| Bill approval | Requires a vote by both houses of Congress (the House of Representatives and the Senate) |
| Veto power | President of the United States can veto a bill, but Congress can override the veto with a two-thirds vote in both houses |
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What You'll Learn
The legislative branch passes laws
The legislative branch of the United States government is responsible for making and passing laws. The United States Congress, composed of two houses, the House of Representatives and the Senate, is the primary organ of the Legislative Branch. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. One of the first actions taken by a committee is to seek the input of the relevant departments and agencies about a bill. The bill is also often submitted to the Government Accountability Office with a request for an official report on the necessity or desirability of enacting the bill into law.
A bill must pass both houses of Congress before going to the President for consideration. If the President agrees with the bill, they may sign it into law. However, if the President chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. If the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto.
Congress, as one of the three coequal branches of government, is vested with significant powers by the Constitution. All legislative power in the government is given to Congress, meaning it is the only part of the government that can make new laws or change existing laws. The Executive Branch enforces the laws through regulations, and the Judicial Branch interprets the laws through the Courts.
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The executive branch implements laws
In the United States, the Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, comprising the Senate and the House of Representatives, is responsible for creating laws. The executive branch, led by the President, is tasked with implementing these laws.
The executive branch includes executive departments, independent agencies, and other boards, commissions, and committees. It is responsible for enforcing and administering laws, including rulemaking, administrative decisions, and even the filing of lawsuits. The President, as the head of the executive branch, has the authority to ensure that laws are faithfully executed. This is known as the "Take Care Clause," which requires the President to take care that the laws are faithfully executed.
The President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. They can also make temporary appointments during Senate recess and receive ambassadors and other public ministers. Additionally, the President is the Commander-in-Chief of the US armed forces and has the power to require written opinions from the heads of executive departments.
The executive branch works in conjunction with the legislative branch to implement laws effectively. While the legislative branch creates the laws, the executive branch enforces them through its various agencies and departments. This separation of powers ensures a system of checks and balances, preventing any individual or group from having too much power.
In summary, the executive branch of the US government, led by the President, is responsible for implementing laws created by the legislative branch. This branch includes various departments and agencies that work together to enforce and administer these laws, ensuring that they are faithfully executed as intended by the legislative branch.
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The judicial branch interprets laws
Laws in the United States are made by Congress, which is the lawmaking branch of the federal government. A bill is a proposal for a new law or a change to an existing one. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees seek input from relevant departments and agencies about a bill, and frequently, the bill is also submitted to the Government Accountability Office with a request for an official report on the necessity of enacting the bill into law.
The judicial branch of the federal government interprets and reviews the laws of the nation. The Supreme Court is the highest court in the United States and it meets in the Supreme Court Building in Washington, D.C. The Supreme Court interprets the meaning of a law, decides whether a law is relevant to a particular set of facts, and rules on how a law should be applied. The lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions. The Supreme Court hears comparatively few cases each year, and it may consider appeals from the highest state courts or from federal appellate courts.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The U.S. Constitution guarantees every person accused of wrongdoing the right to a fair trial. Courts provide a peaceful way to decide private disputes that people cannot resolve themselves. Depending on the dispute or crime, some cases end up in federal courts and some in state courts. The nation has 94 district or trial courts, called U.S. district courts, which resolve disputes by determining the facts and applying the law to those facts.
If someone loses a case in a federal district court, they can file a petition for a "writ of certiorari", which is a document asking the Supreme Court to review the case. The Supreme Court is not obligated to grant the review. The Court typically agrees to hear a case only when it involves a new and important legal principle, or when two or more federal appellate courts have interpreted a law differently.
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The monarch assents to laws
In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it.
In the United Kingdom, the monarch has the right to refuse Royal Assent to a bill, but this has not happened in recent times. The last monarch to withhold Royal Assent was Queen Anne, who blocked a Scottish Militia Bill in 1707. Today, Royal Assent is regarded as a formality and is the last stage in making laws in the United Kingdom. The monarch formally assents to a Bill that has been approved by Parliament, and once Royal Assent is given, the Bill becomes an Act of Parliament.
Historically, the sovereign was the enactor of laws, and legislation would not become law without the sovereign's assent. During the reign of Henry VI, it became common practice for the two houses to originate legislation in the form of bills, which required the sovereign's assent to become law. The form of the Coronation Oath taken by monarchs up to and including James I and Charles I included a promise to uphold the rightful laws and customs, but there was controversy over the interpretation of this oath. Charles I considered himself committed only to upholding existing laws and customs, while the Long Parliament interpreted the oath as an undertaking to assent to any law passed by Parliament.
While the monarch's granting of Royal Assent is now seen as a formality, some argue that a monarch can still refuse assent to a bill that "sought to subvert the democratic basis of the constitution". However, doing so would be challenging due to the "grave difficulties of definition", and it is generally accepted that Royal Assent is a certification that a bill has passed all established parliamentary procedures.
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Provincial and territorial governments make laws
In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The Senate and the House have some procedural differences. For example, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
Canada is a constitutional monarchy and a parliamentary democracy, founded on the rule of law and respect for rights and freedoms. Canada's parliamentary system stems from the British, or "Westminster", tradition. Canada's Parliament consists of the Crown, the Senate, and the House of Commons, and laws are enacted once they are agreed to by all three parts. Since Canada is a federal state, responsibility for lawmaking is shared among one federal, ten provincial, and three territorial governments. The judiciary is responsible for interpreting and applying the law and the Constitution and for giving impartial judgments. Canada's Constitution sets forth the system of fundamental laws and principles that outline the nature, functions, and limits of Canada's system of government, both federal and provincial.
Municipal governments are established by the provincial legislatures, which delegate some of their powers to them. For example, penitentiaries (federal) deal with adult offenders serving sentences of two or more years, while prisons (provincial/territorial) deal with adult offenders serving less than two years and young offenders.
When the provinces of Manitoba, British Columbia, Saskatchewan, and Alberta were established, Parliament retained jurisdiction over the crown lands, other public lands, and natural resources within their territories. The federal government wanted flexibility, especially regarding the settlement of immigrants and the building of railroads.
Over the years, through the process of judicial review, the content and scope of federal and provincial legislative powers have been clarified, defined, limited, or expanded. For example, the federal Trade and Commerce power has been interpreted to mean that Parliament can regulate trade generally in Canada and the flow of trade across provincial or international borders, but not the operation of particular industries, businesses, or professions within provinces. The provincial power over Property and Civil Rights gives provinces the authority to regulate trade and commerce within their respective territories.
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Frequently asked questions
The process of creating a law starts with Congress. A bill, or draft, of a proposed law is written by someone in the House of Representatives or the Senate. The bill is then voted on by both houses of Congress. If they vote in favour of the bill, it is sent to the President of the United States. The President can then choose to sign the bill, in which case it becomes a law. If the President decides not to sign, it is called a veto, and the bill is sent back to Congress.
A bill is a proposal for a new law or a change to an existing law. A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, or during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress.
If the President vetoes a bill, Congress can vote to override the veto, and the bill will become a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, in what is called a 'pocket veto'. This cannot be overridden by Congress.
Congress is the lawmaking branch of the federal government, made up of the Senate and the House of Representatives. Each Congress lasts about two years, and during this time, Senators and Representatives may introduce thousands of bills.
