UNITED STATES OF AMERICA

Executive Branch
When the delegates to the Constitutional Convention created the executive branch of
government, they gave the president a limited term of ofce to lead the government.
This was very diferent from any form of government in Europe and caused much
debate.
The delegates were afraid of what too much power in the hands of one person might
lead to. n the end, with a system of chec!s and balances included in the
Constitution, a single president to manage the executive branch of government was
adopted.
The executive branch of the "overnment is responsible for enforcing the laws of the
land.
o When "eorge Washington was president, people recogni#ed that one person
could not carry out the duties of the $resident without advice and assistance.
The %ice $resident, department heads &Cabinet members', and heads of independent
agencies assist in this capacity.
o (nli!e the powers of the $resident, their responsibilities are not de)ned in the
Constitution but each has special powers and functions.
President: *eader of the country and Commander in Chief of the military.
Vice President: $resident of the +enate and becomes $resident if the $resident is
unable to serve.
Deart!ents: ,epartment heads advise the $resident on policy issues and help
execute those policies.
Indeendent A"encies: -elp execute policy or provide special services.
Order #$ Successi#n
.ccording to the $residential +uccession .ct of /012, if the $resident of the (nited +tates is
incapacitated, dies, resigns, is for any reason unable to hold his ofce, or is removed from
ofce &impeached and convicted', people in the following ofces, in this order, will assume
the ofce of the $resident, provided they are 3uali)ed as stated by the Constitution to
assume the ofce of the $resident, which means they have to be must be at least 45 years
old, must be a natural6born (.+. citi#en, and have lived in the (.+. for at least /1 years.
%ice $resident
+pea!er of the -ouse
$resident $ro Tempore of the +enate
+ecretary of +tate
+ecretary of the Treasury
+ecretary of ,efense
.ttorney "eneral
+ecretary of the nterior
+ecretary of .griculture
+ecretary of Commerce
+ecretary of *abor
+ecretary of -ealth and -uman +ervices
+ecretary of -ousing and (rban ,evelopment
+ecretary of Transportation
+ecretary of Energy
+ecretary of Education
+ecretary of %eterans .fairs
+ecretary of -omeland +ecurity
The President #$ the United States:
%e"is&ative P#'ers
7ost people view the $resident as the most powerful and in8uential person in the
(nited +tates government.
While he does wield a great deal of political might, his efect on the law6ma!ing
process is limited.
9nly Congress can write legislation: the $resident may only recommend it. f he does
so, then a member of Congress may introduce the bill for consideration.
Whereas only Congress may create legislation, it is difcult for them to pass
a bill without the $resident;s approval.
When Congress passes a bill, they send it to the White -ouse. The $resident then has
three options< sign the bill into law, veto the bill, or do nothing.
When the $resident signs a bill into law, it immediately goes into efect. .t this point,
only the +upreme Court can remove the law from the boo!s by declaring it
unconstitutional.
When the $resident vetoes a bill, it does not go into efect.
The $resident vetoes a bill by returning it to Congress unsigned. n most cases, he
will also send them an explanation of why he re=ected the legislation.
Congress can override a presidential veto, but to do so, two6thirds of each chamber
must vote in favor of the bill. -owever, an override does not occur very often.
f the $resident chooses the third option, doing nothing with the bill, one of two things
will occur. f Congress is in session ten business days after the $resident receives the
bill, the legislation will become a law without the $resident;s signature. -owever, if
Congress ad=ourns within ten business days of giving the bill to the $resident, the bill
dies. When the $resident !ills a bill in this fashion, it is !nown as a poc!et veto. n this
case, Congress can do nothing to override his decision.
The $residential veto is an extremely powerful tool. 9ften, to get Congress to
reconsider legislation, the $resident need only threaten to veto a bill if it passes.
-owever, this power has its limitations. The $resident may only veto a bill in its
entirety: he does not have the power of a line6item veto, which would allow him to
stri!e individual sections of a bill while still passing it. >ecause of this limitation, the
$resident must often compromise if Congress passes a bill that he agrees with, but
attaches a rider that goes against his policy.
Compromise, in general, is a crucial aspect to a $resident;s success in wor!ing with
Congress. The $resident;s political party very rarely also controls Congress.
Therefore, the $resident must wor! with +enators and ?epresentatives who disagree
with his agenda. -owever, if the $resident refused to pass any legislation that he
disagreed with and Congress behaved similarly, the government would come to a
halt. Thus, they must wor! together to !eep the government moving.
n addition, the $resident relies on the support of the .merican people to accomplish
his goals. The public elects the $resident and the members of Congress. When the
public disapproves of the $resident, +enators and ?epresentatives will distance
themselves with the $resident and his agenda. f they side with an unpopular
$resident, their constituents might not re6elect them. Thus, if the $resident loses
popular support, he will lose support in Congress and will be unable to get any of his
suggested legislation enacted.
%e"is&ative Branch
.rticle of the Constitution establishes the legislative or
law ma!ing branch of government with the formation of
a bicameral Congress. This system provides chec!s and
balances within the legislative branch.
9nly after much debate did the @ounding @athers agree
on the creation of the -ouse of ?epresentatives and the
+enate. . ma=or issue was how representation in the
legislative body would be determined. ,elegates to the
Constitutional Convention from larger and more
populated states argued for the %irginia $lan that called
for congressional representation should be based on a
stateAs population. @earing domination, delegates from
smaller states were =ust as adamant for e3ual
representation and supported the Bew Cersey $lan. ?oger
+herman, a delegate from Connecticut, proposed the
bicameral legislature. The "reat Compromise, among
other provisions, resulted in the creation of two houses,
with representation based on population in one and with
e3ual representation in the other.
7embers of Congress are now elected by a direct vote of
the people of the state they represent. t has not always
been this way for the +enate. $rior to /0/4 and the
/2th .mendment to the Constitution, +enators were
chosen by their state legislatures because the +enate was viewed as representative
of state governments, not of the people. t was the responsibility of +enators to
ensure that their state was treated e3ually in legislation.
.gencies that provide support services for the Congress are also part of the
legislative branch. These include the "overnment $rinting 9fce &"$9', the *ibrary of
Congress &*C', the Congressional >udget 9fce &C>9', the "overnment
.ccountability 9fce &".9', and the .rchitect of the Capitol.
The U(S( C#n"ress
The (nited +tates Congress is part of the legislative branch and is made up of two
houses 66 the -ouse of ?epresentatives and the +enate. This two house system is
!nown as a bicameral legislature. The primary duty of Congress is to write, debate,
and pass bills, which are then passed on to the president for approval. 9ther
congressional duties include investigating pressing national issues and supervising
the executive and =udicial branches.
Every two years, voters get to choose all 145 representatives and a third of the
senators. The entire -ouse membership faces re6election every two years, but the
+enate is a continuing body because there is never an entirely new +enate. . new
Congress begins in Canuary following Congressional elections. +ince the @irst
Congress, which met from /2D0 to /20/, all Congresses have been numbered in
order. We are currently in the //Eth Congress. Congress meets once every year and
usually lasts from Canuary 4rd to Culy 4/st, but in special cases, a session can last
longer.
@or the most part, the -ouse and +enate each meet in their respective chamber in
the (.+. Capitol in Washington, ,.C.: however, on rare occasions, they will convene
for a =oint session of Congress in the -ouse chamber. @or example, a =oint session will
be called to count electoral votes for presidential elections.
The U(S( C#n"ress:
The P#'ers #$ C#n"ress
The Constitution grants Congress Fall legislative powersF in the national government. .rticle
, +ection D, of the Constitution lists a wide range of congressional powers, including<
Coining money.
7aintaining a military.
,eclaring war on other countries.
?egulating interstate and foreign commerce
Congress also controls federal taxing and spending policiesGone of the most important
sources of power in the government. The Constitution also gives Congress the authority to
Fma!e all laws which shall be necessary and proper,F an implied source of power sometimes
called the Elastic Clause.
o 9ne of the most important implied powers is Congress;s authority to investigate and
oversee the executive branch and its agencies, such as the ,epartment of ,efense
and the ,epartment of Custice.
o .s part of this responsibility, which is !nown as oversight, Congress summons senior
ofcials to answer 3uestions from members, orders audits of agencies, and
holds hearings to air grievances of citi#ens.
o Congress also holds hearings on matters of general public concern.
o +ometimes members of Congress conduct these hearings to identify problems that
create a need for new laws.
o n other cases Congress holds hearings to raise public awareness about an issue.
o There are, however, some congressional powers that are rarely used such as the
ability to impeach an ofcial and the ability to amend the Constitution.
o n addition to the power described above, Congress shares powers with the president
in matters such as, framing (.+. foreign policy and control over the military.
o @or example, while the president negotiates treaties, they are only put into
efect once the +enate approves them. .lso, while Congress can declare war
and approve funds for the military, the president is the commander6in6chief of
the military.
The U(S( C#n"ress:
The )#use #$ Reresentatives
When the Constitution was being drafted, a debate bro!e out between states with large
populations and those with smaller populations. Each had a diferent opinion about how the
states should be represented in the new government. To be fair to each group, a
compromise was reached. >y dividing Congress into two houses, the -ouse of
?epresentatives would favor states with larger populations, while the +enate would favor
those states with smaller populations.
There are a total of 145 members in the -ouse
of ?epresentatives. Each member represents an
area of a state, !nown as a congressional
district. The number of representatives is based
on the number of districts in a state. Each state
is guaranteed one seat. Every ten years, the
(.+. Census >ureau counts the population of
the states to determine the number of districts
in each state.
?epresentatives, elected for two6year terms,
must be H5 years old, a citi#en for at least
seven years, and a resident of the state from
which they are elected. @ive additional
membersGfrom $uerto ?ico, "uam, .merican
+amoa, the %irgin slands, and the ,istrict of ColumbiaGrepresent their constituencies in the
-ouse. While they may participate in the debates, they cannot vote.
The -ouse has special =obs that only it can perform. t can<
+tart laws that ma!e people pay taxes.
,ecide if a government ofcial should be put on trial before the +enate if sIhe
commits a crime against the country.
The U(S( C#n"ress: The Senate
There are a total of /EE members in the +enate.
The Constitution states that the vice president
has formal control over the +enate and is
!nown as the president of the +enate. n
actuality, the vice president is only present for
important ceremonies and to cast a tie6brea!ing
vote.
+enators, elected for six6year terms, must be 4E
years old, a citi#en for at least nine years, and a
resident of the state from which they are
elected.
.s in the -ouse, the +enate also has special
=obs that only it can perform. t can<
Con)rm or disapprove any treaties the
$resident drafts.
Con)rm or disapprove the $residential appointments, such as the Cabinet, ofcers,
+upreme Court =ustices, and ambassadors.
-olds a trial for a "overnment ofcial who commits a crime against the country.
*udicia& Branch
.rticle of the Constitution established the =udicial branch of government with the
creation of the +upreme Court. This court is the highest court in the country and
vested with the =udicial powers of the government. There are lower @ederal courts but
they were not created by the Constitution. ?ather, Congress deemed them necessary
and established them using power granted from the Constitution.
Courts decide arguments about the meaning of laws, how they are applied, and
whether they violate the Constitution. The latter power is !nown as =udicial
review and it is this process that the =udiciary uses to provide chec!s and balances on
the legislative and executive branches. Cudicial review is not an explicit power given
to the courts but it is an implied power. n a landmar! +upreme Court decision,
7arbury v. 7adison &/DE4', the courtsA power of =udicial review was clearly
articulated.
The Sure!e C#urt
The Constitution established the +upreme Court
as the highest court in the (nited +tates. The
authority of the Court originates from .rticle
of the (.+. Constitution and its =urisdiction is set
out by statute in Title HD of the U.S. Code.
9ne of the +upreme Court;s most important
responsibilities is to decide cases that raise
3uestions of constitutional interpretation. The Court decides if a law or government
action violates the Constitution. This is !nown as =udicial review and enables the
Court to invalidate both federal and state laws when they con8ict with the
Constitution. +ince the +upreme Court stands as the ultimate authority in
constitutional interpretation, its decisions can be changed only by another +upreme
Court decision or by a constitutional amendment.
Cudicial review puts the +upreme Court in a pivotal role in the .merican political
system, ma!ing it the referee in disputes among various branches of the @ederal, as
well as state governments, and as the ultimate authority for many of the most
important issues in the country. @or example, in /051, the Court banned racial
segregation in public schools in Brown v. Board of Education. The ruling started a
long process of desegregating schools and other institutions.
The +upreme Court exercises complete authority over the federal courts, but it has
only limited power over state courts. The Court has the )nal word on cases heard by
federal courts, and it writes procedures that these courts must follow. .ll federal
courts must abide by the +upreme Court;s interpretation of federal laws and the
Constitution of the (nited +tates. The +upreme Court;s interpretations of federal law
and the Constitution also apply to the state courts, but the Court cannot interpret
state law or issues arising under state constitutions, and it does not supervise state
court operations.