Cecily Zamora
The US federal government is divided into three branches: the legislative, executive, and judicial. Each branch has a role in creating and enforcing federal law. The legislative branch is made up of Congress, which includes the Senate and the House of Representatives. The executive branch is led by the President, who has the power to veto laws passed by Congress. The judicial branch interprets the laws, applies them to individual cases, and decides if they violate the Constitution. It includes the Supreme Court, which is the highest court in the US, and other federal courts established by Congress.
| Characteristics | Values |
|---|---|
| Branch | Executive |
| Leader | President |
| Leader's role | Commander-in-Chief of the U.S. armed forces, Chief Diplomat, Head of State, and Leader of the Federal Government |
| Powers | Veto acts of Congress, appoint Supreme Court Justices, remove ambassadors, appoint and remove executive personnel, enter into international treaties and executive agreements with foreign powers |
| Assistance | Variety of Cabinets, executive departments, agencies, and government corporations |
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What You'll Learn
The Executive Branch
Article II of the Constitution created the Executive Branch, which has the power to enforce and veto laws passed by Congress. The Executive Branch enforces laws through various law enforcement agencies, such as police officers, who are responsible for maintaining public safety, investigating criminal activities, and preventing crimes.
The majority of federal law enforcement employees work for the Department of Justice and Homeland Security. There are also dozens of other federal law enforcement agencies under the other executive departments, as well as under the legislative and judicial branches of the federal government. Federal agencies employ approximately 137,000 full-time personnel authorized to make arrests and/or carry firearms in the 50 states and the District of Columbia.
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The President's role
The President of the United States is the head of state, leader of the federal government, and Commander-in-Chief of the country's armed forces. While the President does not make laws, they play a crucial role in enforcing the laws passed by Congress.
Article II, Section 3 of the Constitution, also known as the Take Care Clause, outlines the President's duty to "take Care that the Laws be faithfully executed". This clause has been extensively debated and interpreted, but it generally implies that the President is responsible for ensuring the laws are carried out faithfully. This does not mean the President personally executes the laws but that they must supervise their subordinates in the executive branch to do so.
The President can assign responsibility to the heads of various executive departments, and when these department heads act, the President is attributed to that act. The President has the power to remove executive officers if they abuse their discretion, as upheld by the Supreme Court in Myers v. United States (1926).
Additionally, the President has the power to veto laws passed by Congress, effectively blocking them from becoming law. They can also make suggestions about new laws and grant pardons.
In summary, while the President does not directly enforce laws, they play a critical role in overseeing and facilitating the enforcement of laws by the executive branch, ensuring the laws passed by Congress are faithfully executed.
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The Legislative Branch
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. The Senate has 100 members, two from each state, who are elected to serve a term of six years. There are three classes of Senators, and a new class is elected every two years, so one-third of the Senate is up for election every two years.
Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones. Executive Branch agencies issue regulations with the force of law, but these are only under the authority of laws enacted by Congress.
Congress is empowered to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. Part of Congress's exercise of legislative authority is the establishment of an annual budget for the government. To this end, Congress levies taxes and tariffs to provide funding for essential government services. If enough money cannot be raised to fund the government, Congress may also authorize borrowing to make up the difference. Congress can also mandate spending on specific items: legislatively directed spending, commonly known as "earmarks," specifies funds for a particular project, rather than for a government agency.
Oversight of the executive branch is an important Congressional check on the President's power and a balance against their discretion in implementing laws and making regulations. A major way that Congress conducts oversight is through hearings. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are both devoted to overseeing and reforming government operations, and each committee conducts oversight in its policy area. Congress also maintains an investigative organization, the Government Accountability Office (GAO).
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The Judicial Branch
The justices of the Supreme Court are nominated by the president and must be approved by the Senate (with at least 51 votes). Congress decides the number of justices. Currently, there are eight justices, with one vacant seat to be filled. There is no fixed term for justices. They serve until their death, retirement, or removal in exceptional circumstances.
The ability of federal courts to overturn policy choices is called judicial review. This power is not specifically granted in the Constitution, but "the power to declare laws unconstitutional has been deemed an implied power," based on Articles III and IV of the Constitution. Judicial review covers Congressional legislation as well as executive and administrative orders. Its limit is that the courts can only review laws and acts that are challenged in court. Additionally, the court does not have enforcement powers and must rely on the other branches of government to enforce its decisions.
On rare occasions, widespread disobedience to court orders has threatened to weaken the credibility of the federal judiciary, challenging its status as an independent branch of government and undermining the rule of law. The president has the power to assist in the enforcement of court orders, and this is a significant part of the relationship between the executive and judicial branches. However, this power is invoked only in the most extreme circumstances, and there is debate about whether the executive is obligated to enforce final court judgments.
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Checks and balances
The US Constitution establishes a system of checks and balances by dividing the federal government into three separate but equal branches: the legislative, executive, and judicial. This ensures that no individual or group will have too much power. Each branch has its own authority and plays a unique role in the creation, enforcement, and interpretation of the law, but they must also depend on the authority of the others for the government to function.
The legislative branch is responsible for making laws. It comprises Congress (the Senate and House of Representatives) and special agencies and offices that provide support services to Congress. The legislative branch can check the power of the executive branch by, for example, overriding the president's veto of legislation with a two-thirds majority vote. Similarly, the legislative branch confirms or rejects the president's nominees for federal agencies, federal judges, and the Supreme Court.
The executive branch, led by the president, enforces the law. It also comprises the Pentagon and the heads of federal agencies. The executive branch can check the legislative branch by, for example, vetoing legislation created by Congress.
The judicial branch, including the Supreme Court, interprets the law. The justices of the Supreme Court are nominated by the president and confirmed by the Senate. This branch can check the power of the legislative and executive branches by overturning unconstitutional laws. Similarly, while the president nominates federal judges, they can be impeached and removed from office by Congress.
This system of checks and balances ensures that the three branches of the US government are interdependent and that power is distributed among them.
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