U.S. Federal Government: Legislative Branch

Legislative Branch

• Congress consists of the Senate and House of Representatives (a bicameral legislature).
• The Senate has has 100 senators; two from from each state who are elected to six-year terms.
• The House of Representatives has 435 members, with each state's number of representatives based on its population.
• Representatives serve two-year terms.
• Responsibilities include enacting laws, imposing taxes, declaring war, and federal budget approval.
• Congress can impeach and remove federal officials, including the President.
• In order to become law, bills must pass both the House and Senate, and then be signed by the President.
• Congress can override a presidential veto with a two-thirds vote in both chambers.
• Article I, Section 8 of the Constitution explicitly defines the enumerated powers of Congress.
• These powers include regulating interstate and foreign commerce, coining money, establishing post offices, and raising and supporting armies.
• The "necessary and proper" clause (Article I, Section 8, Clause 18) grants Congress the power to make laws.
• These laws are necessary in order to carry out its enumerated powers.

Executive Branch

• The President heads the executive branch, serving as both head of state and head of government.
• The President enforces federal laws, commands the armed forces, and conducts foreign policy.
• Presidents are elected to a four-year term and can serve a maximum of two terms, as per the Twenty-second Amendment.
• The President can veto legislation, appoint federal judges and officials, and grant pardons and reprieves.
• The Vice President is the President’s principal deputy, and succeeds to the presidency if the President dies, resigns, or is removed from office.
• The Executive Office of the President (EOP) includes agencies and advisors that support the President.
• This support enables them to carry out their responsibilities.
• The Cabinet is composed of the heads of the 15 executive departments.
• The Cabinet serves as an advisory body to the President.
• Executive orders are directives issued by the President that manage operations of the federal government and have the force of law.

Judicial Branch

• The Supreme Court heads the judicial branch as the highest court in the federal judiciary.
• The judicial branch interprets laws and ensures fair application.
• The Supreme Court consists of nine justices nominated by the President and confirmed by the Senate.
• Justices serve lifetime appointments.
• The federal court system includes courts of appeals and district courts.
• Federal judges are nominated by the President and confirmed by the Senate.
• The power of judicial review, established in Marbury v. Madison (1803), allows the Supreme Court to declare laws unconstitutional.
• Supreme Court decisions are binding on all lower courts and significantly impact American law and society.
• The judiciary is intended to be independent to safeguard impartiality.
• Federal courts have jurisdiction over cases involving federal law, disputes between states, and cases involving foreign governments.

Checks and Balances

• The Constitution establishes checks and balances to prevent any one branch from becoming too powerful.
• Congress can impeach and remove the President or federal judges.
• The President can veto legislation passed by Congress.
• The judiciary can review laws passed by Congress or the President.
• Presidential appointments and treaties must be approved by the Senate.
• This system promotes cooperation and compromise among the three branches.

Federalism

• The U.S. operates under federalism, dividing power between the federal and state governments.
• Some powers are delegated to the federal government (enumerated powers).
• Other powers are reserved to the states (reserved powers), as specified by the Tenth Amendment.
• Concurrent powers are shared by both the federal and state governments.
• The Supremacy Clause (Article VI) establishes that the Constitution and federal laws are the supreme law of the land.
• Federal laws can preempt state laws when there is a conflict.
• Federalism contributes to the diversity and flexibility of government in the United States.

Federal Agencies

• Numerous federal agencies implement and enforce federal laws and regulations.
• Examples include the Environmental Protection Agency (EPA), the Federal Bureau of Investigation (FBI), and the Internal Revenue Service (IRS).
• These agencies are part of the executive branch and are overseen by the President and Congress.
• They play a critical role in administering government programs and policies.
• Congress creates agencies to address specific issues, granting authority through legislation.
• Rulemaking is a key function of federal agencies, involving the development and implementation of regulations.

Elections

• Federal elections choose representatives for the legislative and executive branches.
• Presidential elections occur every four years, while congressional elections are held every two years.
• The Electoral College elects the President; each state is allocated electors based on its total number of representatives in Congress.
• Citizens vote for electors who pledge to support a particular presidential candidate.
• The candidate who receives a majority of electoral votes becomes President.
• Congressional elections determine the composition of the House of Representatives and the Senate.
• Voter registration requirements and election procedures vary by state.
• Campaign finance laws regulate the raising and spending of money in federal elections.