The leaders of the original thirteen states met in 1787 to write the Constitution, with the goal of establishing a powerful central government that could unite the country and safeguard its inhabitants from outside threats. They were worried, though, that the federal government could grow too powerful. It had only been four years since the United States gained its independence from Britain, and the colonists’ primary grievance in rebelling against their mother nation had been the growing authoritarianism of the British government. The Founding Fathers devised a three-branch system of government—the legislative, the executive, and the judiciary—to prevent the abuse of power by a central authority that made and enforced laws. The original intent of these branches was to support and balance one another. Even though it has been a nation for almost two centuries, the United States has stuck to this form of government.
The Senate and the House of Representatives are the two houses that make up the legislative branch. The primary function of the legislative branch is the establishment of national laws, although it also has the authority to declare war and regulate commerce. Of the two houses of Congress, the Senate has greater authority. It also has the power to accept or reject treaties and the people the president nominates to serve on the Supreme Court or in his Cabinet, and it introduces and votes on legislation. Additionally, it has the power to vote on whether or not to seek the president’s impeachment, which would mean to charge him with misbehavior. There are one hundred senators in the Senate, and each one is elected to a six-year term. Every state chooses two senators, independent of its population. The House of Representatives, on the other hand, has 435 members who serve two-year terms. States with higher populations have more representatives than states with smaller populations because the number of members elected by each state is directly proportional to its population. Aside from introducing revenue measures into Congress, the House has other powers, such as the authority to initiate the impeachment process.
An initiative with the makings of a law is called a bill. Legislation can start in either the House or the Senate, with the exception of tax legislation, which must begin in the House. An individual’s first step in gaining support for an idea in their chamber is to talk about it with other members. Following its introduction to the full chamber, the measure is referred to a specialized committee for further examination and possible amendments. All 435 representatives and 100 senators will have an opportunity to vote on the measure after this committee and a subcommittee have finished modifying it. A bill will proceed to the other chamber for approval if it receives a majority vote in the first chamber. It will be sent to the President’s desk if it has the support of a majority in the other chamber as well. Within ten days, the president has the option to sign the measure into law, reject it (a process known as a “veto”), or enable it to become law through a “pocket veto” by failing to take any action. Even if the president doesn’t sign off on a bill, it still needs the support of two-thirds of the House and Senate to become law.
The executive branch is headed by the president and consists of the vice president and other members of the cabinet. America chooses a new president every four years at the voting box. The President is limited to a maximum of two four-year terms in office, in contrast to members of Congress who are not. Aside from selecting high-ranking government officials like the heads of state, defense, and homeland security, he is also charged with maintaining the nation’s legal system. His Cabinet is the collective name for these government officials. The nomination of new Supreme Court justices is another responsibility that occasionally falls on the President. It is the duty of the President to lead the nation’s military forces. There have been presidents throughout American history who have been more involved in the military than others.
There is just one branch of government where members are not elected, and that is the judiciary, specifically the Supreme Court. In America, the highest and most powerful court is the Supreme Court. The President appoints nine judges to the Supreme Court, and the Senate confirms their appointments for life. Only when a justice dies or resigns is their position filled. It is their duty to ascertain whether or not the proposed laws and procedures are consistent with the Constitution. In one of its most landmark decisions, Brown v. Board of Education (1954), the Supreme Court ruled that racial segregation in public schools violated the Constitution. The court has handled other renowned cases throughout the years. Even the president’s acts can be reviewed by the Supreme Court on occasion. For instance, this occurred multiple times throughout the Great Depression, when the administration of Franklin D. Roosevelt intervened to stop the financial collapse of the United States from getting worse.
The American system of government is structured with three branches with the concept that other branches will step in if one of them oversteps its constitutional authority. To avoid the possibility of a centralized government, it need a “separation of powers” system. While several nations have a similar structure, the United States is unique in its equitable distribution of authority among the legislative, executive, and judiciary departments. One global power whose political system and constitution are very similar to America’s is Brazil.
Follow these links for further details about the three arms of the American government.
Original Text with Explanations: The United States Constitution
A System of Checks and Balances Established by the Constitution of the United States
• “Separation of Powers” in A Political Economy Glossary
• The many arms of state
• The Three Arms of the United States Government
The System of Checks and Balances We Use to Keep Everything in Check
Balances and Checks
• Getting a Bill Passed into Law (Government 101)
• Federal Statutes and Laws
At the head of the government
• A General Introduction to Executive Power
• The United States Congress
• Legislative Authority
• The Supreme Court: A Concise Introduction
• Notable Supreme Court Rulings
Young People’s Guide to the Federal Government and Its Laws!
